
Glass _ 
Book_ 






A HISTORY 



OF THE 



COMMONWEALTH 



OF 



KENTUCKY. 



BY MANN BUTLER, A. M, 




LOUISVILLE, KY.: 

PUBUSHED FOR THE AUTHOR BY WILCOX, DICKERMAN & CO. 

PRINTED BY J. A. JAMES, CINCINNATI. 

1834. 



Entered according to act of Congress, in the year 1834, by 
MANN BUTLER, A. M., 
in the Clerk's Office of the District Court of Kentucky. 



Stereotyped by J. A. James, Cincinnati. 



3l« 



DEDICATION, 

TO 

GENERAL WILLIAM CLARK, 



STATE OF MISSOURI. 

Sir: 

Among the numerous friends whom the undertaking of 
the History of Kentucky has procured for me, I know of no 
one who has conferred such signal obhgations upon me, as 
yourself. The papers of your illustrious brother, George Rogers 
Clark, so liberally placed by you in my hands, have shed most 
curious and interesting lights upon the affairs of the western 
country; and particularly of Kentucky. These could have been 
procured from no other source. 

To whom then, can I so well dedicate this History, as to your- 
self, who have so faithfully preserved some of the most precious 
memorials of our history, and have so kindly contributed them 
for the public information] Were this not the case, who is 
so properly the representative of the pre-eminent founder of 
Kentucky, and the successful negotiator for its Virginia ac- 
knowledgement, as his only surviving brother] 

After yourself, allow me to associate your ancient friend in 
arms, General William H. Harrison, as one to whom the author 
is next most deeply indebted, for interesting illustrations of the 
early military movements of your common commander, General 
Wayne, as well as for the elucidation of some of the obscure 
vicissitudes of Indian history. 

Be pleased then, to accept this dedication of this work, as 
a testimonial of my high and unfeigned sense of the obligations 
conferred upon the great community of the west, much more 
than on my humble self, in your generous co-operation with my 
historical labors. In the interim I have the honor to remain 

Your obliged friend, >«is#^.*^- 

MANN BUTLER. 



CONTENTS. 



CHAPTER I. 

Earliest rondition of Kentucky— Troquois, or Moliawks, known in 160:V-Early seats— 
ProgresH to the Mississippi and tlie Illinois— Appeal to the Colonial Conimissioners— 
General Braddock's talk— Treaties with the En<,'lish— Great treaty of 17GS— Opinion 
of Supreme Court on Indian title— Opinions of General Harrison— Treaties of 1774— 
1775—1:85—1795 and 1818. [page 1. 

CHAPTER n. 

Policy of tlie British Government— Proclamation of 17G3— Violations of it— Visit of Dr. 
Walker in 1747— Name the Shawanee river, Cuml'erland- Visit of John Finley— of 
Daniel Poone— Lonjr Imnters— Visit of Capt. Thomas Bullitt and McAfees— Surveys 
of Louisville- Simon Kenton— Eurnin£f of Hendricks— Adventures of the INIcAfoe?- 
James Harrod settles Harrodshurg— Cattle of Point Pleasant— Treaty of 1774— Treaty 
of 1775— Settlement of Boonesborouirh and St. Asaphs— Indian method of siege. 

[page 17. 

CHAPTER m. 

First visit of Clark to Kentucky— Visits Harrodstown — Ciioscn a delegate to the Vir- 
ginia Lesislature with Galiriel John Jones — Cnlls on Governor Henry — Receives 
{^uuj'owder for Kentucky— Procures the creation of Kentucky county — Brings gun- 
powder from Fort Pitt— Conceals it on the l;anks of Limestone creek — Blackfisli 
attacks Harrodstown— Singular escape of Ray— Plans approved liy Governor and 
Council — Spies in Illinois— .\rrives at the Falls of Ohio— Eclipse of "the Sun — Pa.=9es 
the Falls — Keaches Kaskaskia— Surprises the town — Takes Cahokia. [page 35. 

CHAPTER IV. 

Plan a?ainst St. Vincents — Thanks of Virginia — Sf. Vincents revolts from the Brilisli— 
JI. Girault— Illinois county— Negotiations with iVew Orleans— Indian negotiations. 

[page 58. 

CHAPTER y. 

Recaptur*; of St. Vincents by tiie British— PJans acainst Americans— French voiuntoer.a— 
March to St. Vincents— -Captme— -Return to Kaskaskia. [pasre 79. 



CHAPTER VL 

First Court of Kentucky— It? or.v:crs-— Fi;st Colonel— -Sieie of St. Asa-ihs, or Lorar.'s 
S'latioii— -British Proclamations-— Capture of Boone— Sieje of Eooncsborough— -Land 
Law— Its Commissioners. " [page 88. 

CHAPTER VII. 

•Colonel David Refers' E.A:prdition to .\evv Orienns— Defeat— -Captain Eenham— -Colonel 
BowiTian's Expedition-— Co!o?iei Fyrd's Expedition up Lickinc— Genera! Georae Ro- 
trers Clark's march from Fort Jefferson— -Shuts up the Land office at Harrodsfnira— 
Expedition against Pickaway. [pa<re 102. 

CHAPTER VIII. 

Kentucky county divided info Lincoln. Fayette and JeRerson— -Erection of Fort Jeffer- 
son on the Mississippi-r-Srianish and French intrijues at Paris asainst the western 
l.oijndary of I he United States-MrKoe and Girtv-- Attack on Bryant's Station-Battle 
of the Blue Licks--Expedit:on of General Clark to ths Cliilicothes in 17F2-"Eariv 
manners and state of the arts in Kentucky. [page 118. 

CHAPTER IX. 

Land Title.?— -Attempts .o sever Kentufky from the United Ftates— .lolm .Tav re.=i?is 
them— -Supreme Distri'-t Court estalilished— -James Wilkinson— -Commerria! .K-ssorra 
tion ill Phi'pdclphia-— Settlement of Washington, in Mason coimty -Indian depreda 
tions— First Conventior,— Virginia a^creos to a separation of Kentucky -Clark's unfor 
tunatc expedition in 1T8C -Colonel Logan's expedition. fpaae 137 

A * 5 ■ 



VI CONTENTS. 

CHAPTER X. 

Earliest attempts at Navigating the Mississippi, by Americans- -Colonels R. Taylor and 
Linn— -Negotiations between Jay and Gardoqui— Discontents at Pittsburgh", and in 
Kentucky -Trade of Wilkinson with New Orleans--Suspicions of his fidelity-First 
Newspaper in Kentucky— Constitution of the United States. ' [p^e 154. 

CHAPTER XL 

Don Gardoqui's propositions to Mr. John Brown— Apology for Kentucky Statesmen- 
Court and Country parties in Convention -Wilkinson's memorial to the Governor of 
Louisiana -New Government of the United States— General Washington's letter to 
Colonel Thomas Marshall— -Transylvania— -Indian depredations. [page 170. 

CHAPTER XII. 

Gen. Harmar's Campaign— -Eiglith Convention of tlie District— Separation from Virginia 
agreed upon—Col. Hardin's battles -Captain Hubbel's defence against the Indians — 
Gen. Scott's Expedition— -Col. Wilkinson's Expedition— -Gen. St. Clair— -Board of War 
in Kentucky—St. Clair's defeat -Pretended retaliation by Gen. Scott. [page 190. 

CHAPTER XIII. 

Convention of 1792— George Nicholas -—First Constitution-— Boundaries— First officers of 
Government— -Compensation -Intrigues of Genet in Kentucky— Remonstrances of 
Gen. Washington with Gov. Shelby -French attachments in Kentucky. [page 207. 

CHAPTER XIV. 

Wayne's Campaign of 1794 -Indian peace of Greenville -British Treaty of 1794-Spani9h 
Treaty of 1795 -—Spanish Negotiation with Judge Sebastian in 1795 and 1797— First 
conflict between the court of Appeals and the Legislature. [page 235 

CHAPTER XV. 

Land Laws of Kentucky— Dissatisfaction with the Constitution of 1792— Gov. Garrard — 
John Adams, President of the United States— Occupying claimant Jaw and controversy 
— Seven years' limitation law. [page 258 

CHAPTER XVI 

Convention — Emancipation of Slaves — Henry Claj- — Penitentiary Code — Alien and 
Sedition Laws — Nullification Resolutions of Kentucky, in 1798-1799 — Abjuration 
of this doctrine in 1833— Constitution of 1800— State of Legislation— -Trade— -Election 
of Mr. Jefferson as President of the United States-— Judiciary Repeal— Repeal of the 
Internal Taxes -Insurance Company. [page 280. 

CHAPTER XVn. 

Convention of 1799 -Essential alterations of the old Constitution— New Constitution- 
Spirit of the Laws from Marshall— State of the Kentucky River—New Government of 
Kentucky— -Changes in the state of society -Commercial dilTiciilties -Election of Presi- 
dent Jefl'erson— -Joy of Kentucky— Repeal of the Circuit Courts of the United States, 
and of the internaf taxes- -Insurance Company— Circuit court system. [page 290. 

CHAPTER XVIII. 

Suspension of Deposite at New Orleans -Cession of Louisiana to France—Louisiana 
Negotiation -Cession to the United States— -Newspaper Reports of Adjudications in 
the^Court of Appeals— -SecOTul Election of President Jefferson— Colonel Kurr— Spanish 
Difficulties on the SaMne -Return of Eurr to the West— -Trials -Apprehension— Sebas- 
tian's Spanish Pension— Jud(:e Innes— President Madison— -Governor Scott— Foreign 
Dcp'Gdations—Einlargo -Replevy— -Battle of Tippecanoe -Death of Daviess. 

[page 303. 

CHAPTER XIX. 

Second term of Governor Shelby-Petition of Daniel Boone- War with Great Britain- 
First detachment of Kentucky volunteers— Surrender of Detroit— Kentucky Brevet 
to Genera! Harrison— Indian siege of fort Wayne— Description of fort Wayne— Ex- 
pedition against the Indian towns -General Winchester appointed to command the 
North Western army— .\ature of the country and the plan of the campaign — Expedi- 
tion of General Hopkins— Expedition of Colonel Russell. [page 33& 



PREFACE 

The first and most important inquiry respecting any history of social tranS" 
actions is, its impartial truth. In order to answer this question, two others pre* 
sent themselves for examination. First, what have been the opportunities of 
accurate information enjoyed by the author] and secondly, how faithfully has 
he availed himself of his opportunities? The latter enquiry must be left to 
every reader; the author's protestations neither shall, nor ought to interfere with 
the answer. To the former, he will answer most unreservedly. 

The author has been no inattentive observer of public events in Kentucky, 
from his migration to the State in 1806; nor has he been destitute of intercourse 
with public characters. His curiosity, he may add, his heart, was early en- 
gaged in the story of Kentucky heroism, hardship, and enterprise. Nor during 
twenty- eight years' residence in the bosom of the State, has he felt his interest 
lessen in the fame and the fortunes of his adopted commonwealth. Still the au- 
thor places the claims of his history to the public attention on a basis higher, than 
any personal intercourse he may have enjoyed, at the late period of his removal 
to the west. It is on a body of private papers belonging to some of the princi- 
pal actors in Kentucky history. These have come into his possession from 
numerous sources in the most cheering and friendly manner. 

In the first place are the papers of Gen. George Rogers Clark; these contain 
a memoir by the great western hero, of his public services, from 1775 to 177^. 
These periods embrace the most interesting epochs ; the papers also include an 
interesting correspondence with Patrick Henry and Jefferson, the early and 
distinguished Governors of Virginia, as with many military oflicers in the western 
country. These documents are now, after more than the lapse of half a cen- 
turj', for the first time submitted to the public. 

To the McAfee papers, preserved by Gen. Robert B. McAfee, the author 
has had full access. They form a part of the records of Providence church, the 
first established in Kentucky; and embrace the adventures of that enterprising 
and bold family of men from 1773 to the final settlement of the family in 
peace and in the plenty of Kentucky. 

In addition to these almost untouched mines of western history, and memorial* 
of Kentucky story, the author has, by the liberality of Colonel Charles S. Todd, 
John J. Crittenden, and Nathaniel Hart, Esqrs., been favored with the Shelby, 
Innes, and Floyd papers. Messrs. Thomas and Edmund Rogers, H. Marshall, 
Esq., judges Rowan,- Underwood, and Pirtle, Hon. H. Clay, and Jas. Guthrie, 
Dr. D. Drake, of Cincinnati, Messrs. John and James Brown, and Gov. Pope, 
have all most freely and kindly contributed every thing in their power. From 

7 



Vm PREFACE. 

Gen. James Ray of Mercer county, a living chronicle himself, Captain Gaines, 
of Woodford, and Colonel Vigo, of Vincennes, has been derived most interest- 
ing matter. From Gen. William H. Harrison, information essential to a critical 
estimation of Indian traditions, as well as elucidating the decisive campaigns of 
General Wayne, has likewise been received. To the Hon. Richard M. John- 
son, the public are indebted for a copy of the treaty of fort Stanwix, of 1768. 
Tliis treaty forms the comer-stone of our conventional relations with tlie Indians ; 
it conveyed the first Indian cession of the soil of Kentucky, as far soutli as the 
Tennessee, Hogotege, or Cherokee river. It has been procured from a work in 
the library of Congress, and is annexed in full, as a part of the appendix. 

In fine, the author may honestly say, and it has been one of the greatest con- 
solations of his labors, (not a little embarrassing in a country destitute of 
historical repositories,) that he has been favored with the confidence and cor- 
respondence of all the parties, into which the ardent people of Kentucky have 
been so keenly divided. He tenders to them all, his sincere and profound ac- 
knowledgements of obligations conferred not in consideration of his humble pre- 
tensions, but of the pervading interest they have felt in the histor>' of the State. 

It may be interesting to collect into one view, the printed authorities on western 
history. The earliest printed account bearing on the history of the west, is 
the work* of Lewis Hennepin, who in 1680, speaks of a tribe of Indians whom 
the Illinois called the "Oudebasche," and records the descent of the Mississippi, 
by Monsieur De la Salle, in the same year, re-published at London in 1698. 
In another place, in 1682, he says, "the Ouabache is full as large as the Mesa- 
chasipi." 

After the French explorations, comes the "histor}' of the Five Nations, by 
Cadwallader Golden, Esq., one of his Majesty's Counsel, and Surveyor General 
of New York." The only edition to which the author has had access, is the 
property of N. M. Hentz, Esq., of Cincinnati, published at London in 1750. 
It embraces the history of this remarkable confederacy, from 1603, to the treaty 
of Lancaster, Pennsylvania, in 1746. It is much less interesting than the 
author supposed it to be, from the use of it in the memorial of Dr. Franklin to 
the King in Council, which is contained in the article, 'Ohio Settlement,' in the 
fourth volume of his works. The journalf of Major Washington's mission up 
the Alleghany in 1753, and that of Colonel Croghan's descent of the Ohio, in 
1765, next present themselves in point of curiosity, and superior in authenticity 
and copiousness of detail. There is also a "journal by Patrick Kennedy, giving 
an account of an expedition undertaken by himself and several coureurs des bois 
in the year 1773, from Kaskaskia village, to the head waters of the Illinois river." 
It is solely topographical, and is to be found annexed to an edition of "Imlay's 
America, London, 1797." The memoir of Boone, dictated to John Filson in 
1784, but not published till 1793, at New York, and the glittering letters of 

* Notes of Dr. D. Drake, obIi;,'ingly communicated to the author 
t Marshall's Washington, Appendix, vol, 1. 



PREFACE. IX 

Imlay annexed to the topographical description of the second author, comprise 
the earhest publications connected with western history. 

To these, succeeded the history of Kentucky, by Humphrey Marshall, Esq., 
in one volume, in 1812, and which was enlarged to two volumes in 1824. 
This work has formed the substratum of the author's authority for the current 
of ordinary events ; not without considerable, and as it is believed, important 
additions. In the complexion of many events, as well as the character of most 
of the early statesmen of Kentucky, tiiis work differs from that of Mr. Marshall, 
wide as the poles. The public must determine between him and the author. 
Mr. Marshall enjoyed opportunities of cotemporary intercourse and observation, 
which the author freely acknowledges have been unrivalled. Yet while saga- 
city and orginal information are fully and sincerely accorded to the primitive 
historian of Kentucky, the author's solemn convictions of historical duty extort 
his protest against the justice and impartiality of the representations of his com- 
petitors in public life. The author painfully feels the compulsion of making this 
declaration ; much as he respects the talents and public services of Mr. Marshall, 
now silvered with venerable age. Yet he owes it to himself, he owes it to tliat 
posterity, who may feel curious to investigate the conduct of their ancestors, to 
declare, as he most solemnly does, his conviction that every man and party of 
men, who came into collision with Mr. Marshall or his friends, in the exciting 
and exasperating scenes of Kentucky story, have been essentially and profoundly 
misrepresented by him, however unintentionally, and insensibly it may have been 
done. The contentions between this gentleman and his competitors for public 
honors, have been too fierce to admit of justice to the character of either, in 
each others' representations. These enmities have transformed his history into 
a border feud^ recorded witlr all the embittered feelings of a chieftain of the 
marches. Yet his picturesque portraits of the pioneers of Kentucky, distinct 
from party influences, have ever given the author the utmost delight. 

But to have been opposed to Mr. H. Marshall in the political struggles 
of Kentucky, seems to have entailed on the actors, a sentence of 
conspiracy, and every dishonorable treachery. Our Shelby, Innes, Wil- 
kinson, Messrs. John and James Brown, Nicholas, Murray, Thomas 
Todd, and John Ereckenridge, have been thus unjustly denounced by Mr. 
Marshall. The author of this work, appeals from this sentence of an 
ancient antagonist, to a generation which has arisen, free in a great de- 
gi-ee, from the excitements of the times in qi-estion. Whether he has 
caught an opposite impulse, he cheerfully submits to the verdict of his 
countrymen. 

The author cannot conclude this preface, without apprising the reader of a 
most injurious mutilation of the despatch of General Wayne, to the President 
of the United States, announcing the important victory over the Indians 
at the Rapids of the Maumee, on the 20th of August, 1794. This mu- 
tilation consists in omitting five important passages, substituting and in- 



X PREFACE. 

terpolating many words. The pregnant paragraph oniitted, which has led 
Mr. Marshall as well as the author, into reflections injurious to the memory 
of the gallant Wayne, is as follows, "The bravery and conduct of every 
officer belonging to the airmy, from the Generals down to the Ensigns, 
. merit my highest approbation. There were however, some, whose rank 
and situation placed their conduct in a very conspicuous point of view, 
and which I observed with pleasure, and the most lively gratitude : among 
whom I must beg leave to mention, Brigadier General Wilkinson and 
Colonel Hamtramck, the commandants of the right and left wings of the 
l^ion, whose brave example inspired the troops; to these I must add the 
names of my faithful and gallant aids de camp. Captains De Butts and 
T. Lewis, and Lieutenant Harrison, who, with the Adjutant General, 
Major Mills, rendered the most essential service by communicating my or^ 
ders in every direction, and by thek conduct and bravery exciting the 
troops to press for victory." Thus, so far from not "distinguishing Wil- 
kinson," or "ungenerously omitting him," as mentioned by the author. Gen- 
eral Wayne menrions all his gallant officers, Hamtramck, Captains De 
Butts, T. Lewis, Lieutenant W. H. Harrison, and the Adjutant General, 
Major Mills. 

The sources of this mutilation, the author cannot trace ; his own copy of the 
despatch is contamed in a collection of public documents entitled "In- 
dian wars," compiled by Metcalf;* another copy to which he has had 
access, is contained in a work entitled "History of the discovery of Ameri- 
ca, &c., by Henry Trumbull^" published at Boston, the native city of 
Major Mills, by Stephen Sevvell, 1819. The copy right taken out is 
dated in 1811. The above extract is from the Casket of 1830, published 
with the approbation of Isaac Wayne, Esq., the son of tlie General ; and 
enriched with many original papers. It is too important to omit, that 
General Waj^ne had posirive authority from President Washington, to at- 
tack and demolish the British fort of Miamis. But on reconnoitering it 
closely, and discovering its strength, added to his own weakness in artil- 
lery, the General, with a prudence not always accorded him, most judi- 
ciously declined an attack. 

In this daring reconnoiter, the General was near falling a victim to his 
gallantry. He had rode within eighty yards of the fort, accompanied by 
his aid, Lieutenant William H. Harrison, and within point blank shot of 
its guns, when a considerable distuibance was perceived on the platform of 
the parapet. The intelligence of a deserter the next day explained the 
whole affair. It appeared that a Captain of marines, who happened to be 
in the garrison when General Wayne made his approach, resented it so 
highly, that he immediately seized a port fire, and was going to apply it 
to the gun. At this moment Major Campbell, the commandant, drew his 

*Dr. Metcalf, it is believed, now of New York. 



PREFACE. XJ 

sword and threatened to cut the Captain down instantly, if he did not 
desist; he then ordered him to be arrested, and addressed the officer-like 
note to General Wayne, mentioned in the text. This high minded for- 
bearance, in all probability, saved the life of General Wayne, with his 
suite, and possibly the peace of the United States. 

In conclusion, the author will only add that, any errors of omission or 
commission, (which he is confident he must have made,) that may be 
pointed out to his conviction shall be faithfully attended to. Should ths 
public reception justify a continuation of the work to recent limes, the 
author will readily prosecute it to the utmost of his limited powenu 
The facilities granted by the legislature, in giving him the free use of 
the archives of the State, will give him additional sources of authentic 
and minute information. 

Louisville, *Apnl^ 24, 1834. 



HISTORY OF KENTUCKY. 



CHAPTER I. 



INTRODUCTION.. 



fearlieet condition of Kentucky— Iroquois, wr Mohawks, known in 1603— Rirly seats 

Progress to the Mississippi and the Illinois — Appeal to the Colonial Commissioners 

General Braddock's talk— Treaties with the English— Great treaty of 1768— Opinion 
of Supreme Court on Indian title— Opinions of general Harrison— Treaties of 1774— 
1775-1785— 1795 and 1818. 

That part of the United States, now so proudly intertwined 
with their history, as the State of Kentucky, has successively 
been the theatre, and the prize, of military contention, from 
the earliest glimmerings of Indian tradition, to the Virginia 
conquest. This statement is drawn from the most authentic 
memorials of colonial history. The *French historians tell us, 
that when they settled in Canada in 1603, the Iroquois as they 
were termed by the French, but who were more familiarly known 
to the English by the name of Mohawks, lived on the St. Law- 
rence, where Montreal is now built; above the mouth of the 
Iroquois river, now called Sorrel, and on lakes Sacrament, or 
George, and Iroquois, or, as it is better known, as Lake Cham- 
plain. This being the earliest account, any Europeans have 
of these Indians, the country just described may well be con- 
sidered as their earliest seats. The geographical names in- 
deed, confirm the ascendency of these tribes, in the region 
assigned to their dominion. From these territories, the Mo- 
hawks extended their conquests on both sides of the St. Law^ 
rence, above Quebec, and on both sides of the lakes Ontario, 

♦ Present state of North America, Dodsley, 1755, p. 14, 18, 20. Communicated by. the 
politeness of Isaac Newball, Esq, of Salem, Massachusetts, from the Historical Roomsi 
in that City, derived from Colden's Five Nations, and coufrrmed by this latter work. 



2 HISTOBY OF KENTUCKY. 

Erie and Huron. In this career of conquest, with a magnanimitjr 
and ssagacious spirit worthy of the ancient Romans, and supe- 
rior to all their cotemporary tribes, they successively incor- 
porated the victims of their arms, with their own confederacy. 
Under this comprehensive policy, some of their greatest 
sachems are said to have sprung from conquered but concilia- 
ted confederates. 

In 1672 these tribes are represented as having conquered 
the Oillinois or Illinois residing on the Illmois river; and they 
are likewise at the same time, said to have conquered and 
incorporated the Satanas, the Chawanons or Shawanons, whom 
they had formerly driven from the lakes. To these conquests, 
they are said by the same high authority, to have added in 
1685, that of the Twightwees, as they are called in the Journal 
of Major Washington to Gov, Dinwiddle, of Virginia. These 
tribes, are at this day, more generally known as the Miamis, 
and they lived on the river St. Jerome, as the Wabash was first 
called by the French. About the same time, the Mohawks carried 
their victorious "arms to the Illinois and Mississippi rivers west- 
ward, and to Georgia southward." *About 1711, they incor- 
porated the Tuscaroras, when driven from Carolina, and they 
continue at this day, to constitute a part of this once memora- 
ble confederacy; forming the sixth nation, and thus changing 
the name of their union, from the Five Nations to that of the 
Six. The rise and progress of these most remarkable tribes, 
have worthily employed the pens of several historians, both 
French and English; they have even seduced the mind of De 
Witt Clinton, from the cares of the great State of New York, 
to investigate the history of her most ancient and faithful 
allies. To this summary, other authorities may well be added, 
on a point, so vital to the early history of Kentucky, and of 
Western America. This becomes more necessary, since the 
connection of these tribes with the history of Kentucky, has 
escaped the notice of all our recent writers. Even the emi- 
nent biographer of our illustrious Washington, seems to have 
neglected these annals, in their relations to our colonial history. 

♦Thatcher's Lives of the Indians, p. 39. 



HISTORY OP KENTUCKY. 3 

Yet, it could not be from any dubious or unimportant character, 
which attaches to them, since they arc derived from the 
highest colonial authorities and embrace the treaty history of 
Western America. The tribes in question, says Governor 
Pownal in his "Administration of the British Colonies," about 
1664, carried their arms, as far south as Carolina, arid as far 
west as the Mississippi, over a vast country, which extended 
twelve hundred miles in length, and about six hundred in 
breadth,- where they destroyed whole nations, of whom there 
are no accounts remaining among the English. "The rights 
of these tribes," says the same respectable authority, "to the 
hunting lands of Ohio, (meaning the river of that name) may 
be fairly proved by the conquest they made in subduing the 
Shavanoes, Delawares, Twictwees, and Oillinois, as they stood 
possessed thereof, at the peace of Ryswick in 1697." In 
further confirmation of this Indian title, it must be mentioned, 
that Lewis Evans, a gentleman whom Dr, Franklin compli- 
ments, as possessed "of great American knowledge," repre- 
sents in his map of the middle colonies of Great Britain on 
this continent, the country on the south-easterly side of the 
Ohio river, as the hunting lands of the Six Nations. In his 
analysis to his map, he expressly says, *"that the Shawanese 
Avho were formerly one of the most considerable nations of 
these parts of America, whose seat extended from Kentucke, 
south-westward to the Mississippi, have been subdued by the 
confederates, (or Six Nations) and the country since boc-yniC; 
their property." 

This chain of testimony is corroborated by the statements of 
the Six Nations to the commissioners of the provinces of Penn- 
sylvania, Virginia, and Maryland, at an Indian council held 
with them in 1744. When at this meeting, the Indian Chiefs 
were called upon by the colonial commissioners "to tell what 
nations of Indians they had conquered lands from in Virginia, 
and to receive satisfaction for such lands, as they had a right 
to ;" they are said by Dr. Franklinf to have made this reply : 

* Franklin's Works, vol. 4. f Franklin's Works, vol. 4, 271, ObservalJons on the con- 
duct of the French, dedicated tg Win. Shirley, Gov. Boston, 1755; p. 4. 



4 HISTORY OF KENTUCKY. 

"All the world knows,, that we conquered the several nations 
living on the Susquehannah, Cohongoranto (now Potomack) 
and back of the Great Mountains in Virginia j" "we conquered 
I the nations residing there, and that land, if the Virginians ever 
get a good right to it, it must be by us." 

These tribes had previously, as early as 1701, placed 
themselves under the protection and government of Great 
Britain. In their deed, or treaty of the 4th of September, 1726^ 
they confirmed this disposition of their country. Calculating 
implicitly on this acknowledgment. General Bi'addock, when, 
in 1755, he came over to command one of the military expe- 
ditions, directed against the French intruders upon the very 
Ohio lands in question, issued suitable instructions to Sir 
William Johnson. This gentleman was the celebrated Indiaa 
Agent of the British government, among the Mohawks. By 
these directions he was required to call the Five Nations 
together, to lay before them the above grant to the King in 
1726; by which they had placed all their hunting lands under 
his Majesty's protection, to be '^guarantied to them and to 
their usc^ The general then, after alleging the invasion of 
the French, and their erecting forts upon these lands, "contrary 
to the said deed and treaties ; calls upon them in his name, to 
take up the hatchet, and come and take possession of their own 
landsy These Indian claims are solemnly appealed to in a 
diplomatic memorial, addressed by the British ministry to the 
Duke Mirepoix, on the part of France, on the 7tK Juno, 1756. 
*"It is a certain truth," this memorial states, "that they" (mean- 
ing the countries possessed by the Five Nations) "have be- 
longed, and as they have not been given up, or made over to 
the English, belong still to the same Indian nations." The 
court of Great Britain maintained in this negociation, 1 "that 
the Five Nations were by origin, or by right of conquest, the 
lawful proprietors of the river Ohio, and the territory in ques- 
tion." 

In pursuance of this ancient aboriginal title, the author 
Tiiay not omit the testimony of Dr. Mitchell, who, at the solicit 
*FrankIin'$ Works, ante. tWcm. JSlate Papers, vol. x. 15, 



HISTORY OF KENTUCKY. 5 

tation of the British Board of Trade and Plantations, published 
a Map of North America, and was furnished for this purpose, 
with documents from the Colonial Office. In this map, the 
same which the elder Adams mentions,* as the one by whicli 
the boundaries in the treaty of Paris of 1783, were adjusted; 
the Doctor observes, "that the Six Nations have extended their 
territories ever «ince the year 1672, when they subdued, and 
ivere incorporated with, the ancient Shawanese, the native pro- 
prietors of these countries. Besides which, they likewise 
daim a right of conquest over the Illinois and all the Missis* 
sippi, as far as they extend." This, he adds, "is confirmed by 
their own claims and possessions in 1742, which include all the 
bounds here laid down (meaning on his map,) and none have 
ever thought fit to dispute them." Such faith-did the British go- 
vernment and their agent. Sir William Johnson, repose in this 
Indian title, that in October, 1768, agreeably to ministerial 
instructions solicited by Pennsylvania, "through Dr. Franklin, 
it was purchased of its holders, the Six Nations, for £10,130 
1 7s. 6d. sterling. This Indian treaty was held at Fort Stanwix, 
/ afterwards denominated Fort Schuyler, and now included in 
I the township of Rome, on the Erie canal, in the state of New 
1 York. At this meeting, so memorable in the annals of the 
I west, the Six Nations declared to the agent, eminent for his 
f knowledge of Indian concerns, that "you who know all our 
affairs, must be sensible, that our rights go much further to the 
south than the Kenhawa, and that we have a very good and 
clear title, as far south as the Cherokee river, which we cannot 
allow to be the right of any other Indians, without doing wrong 
^ to our posterity, and acting unworthy of those warriors who 
\ fought and conquered it; we therefore, expect this our right, 
Vwill be considered." In 1781, f Colonel Croghan who, for 
thirty years had been deputy superintendent among the Six 
Nations, deposed, "that these Indians claimed by right of con- 
quest, all the lands on the south-oast side of the Ohio^Jiutlie,, 
_J[^herokee river, and on the v/est side, down to the Big Miami. 
<>thervvise called Stony river." This title, as has been men- 

*State Tapers, vol. X, 13. tHay wood's Tennessee, p. 2?2. 

A* 



HISTORY OP KENTUCKY. 

tioned, was alienated to the British Crown in the treaty (o 
which reference has just been had. The Cherokee river 
mentioned in this cession, was also called the Hogotege* in the 
treaty, and is now known as the Tennessee river. The first 
of these names is used convertibly with Tennessee, by the 
legislature of Virginia in their resolutions of 1778, and again 
in the celebrated land law of 1779, as well as in Filson's To- 
pography of Kentucky, compiled in 1784. It is hoped that be- 
'fore the termination of (his history, some more minute account 
of this remarkable treaty may be obtained from the enquiries, 
'• . so courteously promoted by Governor Breathitt of Kentucky, 
and addressed to the government of our parent State. Yet 
(he hope is but faint, unless the enquiry shall be pursued to 
the Colonial Office in London, since, on application of secreta- 
ry Jefferson, in 17S3, to Governor Clinton of Nev/ York, for 
copies of all Indian treaties nesrociated during (he colonial 
government; it v.as replied, that on (he rupture of the revolu- 
tion, the British Superintendent for Indian aflairs, had taken, 
avrayall the papers belonging to his department. 

Thus far the aboriginal title to Kentucky has been traced 
to its transfer to the British crown; and although, as a matter 
cf convention, and a question of treaty obligation, it seems 
Avcli founded; yet it is not quite conclusive against the tribes 
west of the Six Nations. In the fluctuations so peculiarly inci- 
dent to savage society, one tribe successively succeeds to the do- 
iiiinion,and the rights of its feebler neighbour; and in the weak- 
ness consequent upon the approach of the dense population of 
njji'icultural societ) , while one nation fades before the white 
nran, another formerly tributary, resumes the paramount au- 
thority, which had been lost by its conquerors. In this manner, 
the north-western tribes, who seem to have been conquered by 
ihc Mohawks in ancient times, appear to have succeeded to the 
righls of (heir conquerors, when their former masters had lost 
•he predominancy, which they certainly possessed during the 
war of 1755. Since our countrymen have been particularly 
acquainted Avith the north-western Indians and have under- 

^liay wood's History of Tennessee, 231-2. t^-enr.ing's Statutes at large, 2, 1779. 



niSTOEY OF KENTUCKY. 7 

stood their titles and fluctuating dominions, the Miami confede- 
racy, or as they designated it, the Mi-a-mi-ah, have occupied the 
country between the Ohio, the lakes and the Mississippi, as far 
east as the Scioto. General Harrison, to whose curious 
inquiries the country is particularly indebted for information 
on this subject, gives this account in his valuable letter to Sec- 
retary Armstrong, in 1814, *"They (meaning the Miamis) 
have no tradition of removing from any other quarter of the 
country,- whereas all the neighboring tribes, the Piankishav/s 
excepted, who are a branch of the Miamies, are either intru- 
ders upon them, or have been permitted to settle in their coun- 
try." "The claims of the Miamies were bounded on the north 
and west by those of the Illinois confederacy, consistino- 
originally of five tribes, called Kaskaskias, Cahokias, Pco- 
rians, Michiganians, and Temarois, speaking the Miami lan- 
guage, and no doubt, branches of that nation." 

In the above war between France and Great Britain,! the 
Indians inhabiting the countries between the rivers Mississippi, 
Ohio and Miami, were known by the name of the Western Con- 
federacy, and were the allies of the former; while the Six 
Nations were attached to the latter, and were denominated the 
Northern Confederacy. |0n the termination of this war, the 
Kaskaskias, under the mediation of the British government, 
formed a treaty of peace with the Iroquois. The former tribe, 
including the tribes between the Wabash and the Mississippi, 
had previously separated from the rest of the confederacy ; for 
indeed the nature of Indian society, forbids the continuance 
of any large population together; and hence its endless rami- 
fication. The Illinois tribes had been driven from their pos- 
sessions on Lake Michigan, and had been nearly extirpated by 
the Sacs or Saukies, before the close of our revolutionary war. 
But all the traditional accounts of the north-western Indians, 
represent the country now composing the State of Indiana and 
that of Ohio west of the Scioto, to have been occupied by the 
Miami confederacy. The occupation of the country on the 

vMcAfee's History, p. 43. tWheaton's Reports, Johnson against Mcintosh. J Gea. 
Harrison's Letter to the Author. 



8 HISTORY OP KENTUCKY. 

Scioto and the Miamis of the Ohio by the Delawares and 
Shawnees, was on the same authority, of more recent date, and 
by the permission of the Miamis. The Wyandots were the 
most easterly of these nations, and had long before the revo- 
lutionary war, carried on hostilities with the Mohawks. One 
battle fought in canoes near Long Point, on Lake Erie, was so 
fatal to the Wyandots, as to have compelled the remnant of 
their tribe to remove to Lake Michigan. The precise date of 
these events, cannot now be ascertained ; but sometime before 
the close of the revolution, the Wyandots were found in their 
ancient seats about Sandusky river. Their numbers were not 
tbrmidable, but their character for valor was so distinguished, 
that they obtained the custody of the great calumet, which was 
the emblem of the confederacy of nine tribes, formed by British 
influence against the United States, and terminated only by the 
victory of Wayne, at the rapids of the Maumee in 1794. The 
return of this tribe, was in all probability, the result of British 
mediation, after their conquest of Canada. The Senecas, the 
most western of the Six Nations, had, at one time, extended 
themselves as far as the Sandusky river, and possessed a town 
upon it, which bore their name.* This is the farthest western 
settlement of the Six Nations known, independent of the ac- 
counts of the colonial writers, which have been quoted ; now 
had they conquered the Wyandots, still this tribe have not been 
discovered to have had any pretensions to Kentucky, beyond 
the other coterminous bands. Within the personal knowledge 
of our countrymen since the war of 1755, Kentucky has not 
been in the occupancy of any tribe. There are indeed 
through it, as all over the western country, indications of a 
race of people having existed, much more advanced in the arts, 
than the tribes known to us; but, whose history is but a tissue of 
faint and disjointed conjectures, like that of innumerable tribes 
all over the globe, who have been destitute of letters and the 
use of the metals. Without these foundations, civilization 
has neither fruits to record, nor instruments to perpetuate 
their memory. Our hunters from 1767 in their various pere- ■■■ 
♦General Harrison had hia head quarters at this point during the lato war. 



HISTORY OP KENTUCKY. V 

grinations through the territory, since denominated Kentucky, 
met with no marks of a modern Indian town within the whole 
extent of the country. The villages of Indians known to have 
been nearest to Kentucky, were on the Scioto and the Miamis 
of the Ohio in the north, and on the waters of the Tennessee 
river in the south. From these points, the various war and 
hunting parties issued to engage in the one or the other pur- 
suit, as the passions, or the opportunities of their expeditions 
might lead. Here, the Chickasaws and Cherokees of the south, 
used to engage with various tribes of the Miami confederacy; 
here they indulged their passions for hunting, in the profusion of 
game afforded by Kentucky. So much was this ground ex- 
empted from settlement, that on neither the Ohio nor the lower 
Tennessee, are any Indian towns known to have been settled. 
Yet no situations have generally delighted savage tribes so 
much, as the margins of water courses; the opportunities of 
navigation and of fishing, unite to attract them to such spots. 
Accordingly the banks of most of our western rivers , except- 
ing those of Kentucky, (although they abounded in game and 
in salt licks,) were found occupied by the native tribes of the 
forests. 

There is another circumstance suggested by Gen. Harrison, 
which confirms the modern limitations of the Six Nations, 
whatever may have been their ancient ascendency. The chief 
seat of the Miamis was the scite of Fort Wayne, between the 
St. Joseph's and the St. Mary's. Had the Six Nations achieved 
any great recent success over the Miamis, they would in all 
'probability, have forced them from this favorite spot, which is 
the key to the country below; and the defeated tribes would 
have been driven on their confederates upon the lower Wabash. 
This, however, was not their location. 

That long and obstinate wars subsisted between the Iroquoia 
and their immediate western neighbors, about the middle of the 
last century, derives much probability from another circum- 
stance. *The French for fifty years, used no route to their 
possessions on the Mississippi, but the circuitous one by lakes 
♦J.euer of Gen, Harrison. 



10 HISTORY OF KENTUCKY. 

Erie and Michigan, and the Fox and Wisconsin rivers. Thisf 
distant embarrassed course of communication, could not have 
been resorted to, from their ignorance of the more direct route ^ 
by the Maumee and the Wabash. It is therefore to be pre- 
sumed, that the prevalence of wars between the adjacent tribesy 
prevented them from passing over this belligerent ground. It 
was not till about 1745, that Capt. De Vincennes accompanied 
by a Jesuit, accomplished the passage by this latter route. 
Some time before this period, the Wyandots probably returned ; 
and peace having been made with the Six Nations, the country 
was opened to the enterprises of the French, as has been seen„ 
No treaties made with the northrwestern Indians directly, are 
known to exist in our imperfect colonial records, previous ta 
the treaty of 1774, between Lord Dunmore and the Sbawanees, 
if even this has been preserved. 

The nature of this treaty, the author has been unable to as- 
certain with any precision from any accessible records. There 
is a brief notice of its purport, in Burk's Virginia,* which 
represents, that peace was made by the royal governor with 
the Shawnees, on "condition that the lands on this side of the 
Ohio, should be forever ceded to the whites; that their pris- 
oners should be delivered up, and that four hostages should be 
immediately given for the faithful performance of these condi- 
tions." Such a treaty appears at this day, to be utterly beyond 
the advantages which could have been claimed from Dunmore's 
expedition. The principal blow had been struck by the Icil 
wing of his army apart from him, at the bloody battle of Point 
Pleasant, in which, under Gen. Andrew Lewis, with the choicest 
spirits of the western backwoodsmen, the Indians fought with an 
open resolution worthy of their highest military fame, although 
they retreated. Gov. Dunmore crossed the Ohio seventy-five 
miles above the mouth of Kenhawa, and ordered Lewis to join 
him, at the Indian towns eighty miles from the river. Here but 
little fighting is said to have taken place, when the Governor 
patched up a peace, which would have little deserved the sub- 
sequent suspicions evinced by the legislature of Virginia^t 
*3d Vol. p, 396. tWirt's Life of Patrick Henry, 



HISTOBY OP KENTUCKY. 11 

had it effected a transfer of such valuable territory even at that 
day. Then, indeed, the prospect of western prosperity, was 
thickly veiled, in comparison with its modern reality, and still 
more splendid indications; yet the "colony and ancient domi- 
nion of Virginia," was by no means, insensible to the cradle 
of empire she possessed, extending from the Alleghany to the 
Mississippi. This is evinced by the eagerness with which she 
laid claim in her first constituticm of June 29th, 1776, to the 
extreme boundaries of dominion, under the charter granted by 
James the first of Great Britain. "Within these limits she 
asserted the exclusive right of purchasing the soil from the 
aborigines." So far the title of the Indians to Kentucky and 
the adjacent country, has been traced to its voluntary convey- 
ance to the British Crown, for a valuable consideration at the 
treaty of Fort Stanwix, in 1768. This treaty was formed on the 
principles which had regulated the intercourse of the French 
and British with the natives of North America, from the ear- 
liest period of their connection. 

The European nations seem to have adopted the principle 
of prior discovery, as one of peace among themselves, and not 
as a source of title over the aboriginal inhabitants.* Spain, in 
the discussions with other European nations, as well as with 
the United States, placed her title to her American posses- 
sions, not upon the celebrated bull of Pope Alexander VI., but 
upon the rights given by discovery; "Portugal sustained her 
claim to the Brazils by the same title. France also founded her 
title to the vast possessions she claimed in America on discov- 
ery." The letters patent granted to the Sieur Dements, in 
1603, constituted him Lieutenant General, and the represen- 
tative of the King in Acadie, which is described as stretching 
from the 40th to the 46th degree of north latitude. The States of 
Holland also made acquisitions in America, and sustained theTr 
right on the common principle adopted in Europe. No one 
of the powers of Europe gave its full assent to this principle, 
more unequivocally, than England. So early as 1495 her 
monarch granted a commission to the Cabots to discover coun- 
ts V^beaton'a Reports; Mclnlosb against Johnson. 



12 niSTOBY OP KENTtcKV. 

tries then unknown to Christian people, and to take possession 
of them, in the name of the King of England. In the same 
manner were granted, the charters to Sir Humphrey Gilbert, 
Sir Walter Raleigh and finally to Sir Thomas Gates, and 
others^ in 1606. The latter charter granted the country be- 
tween 34 and 41 degrees of north latitude: this was after- 
wards enlarged in 1609, into the grant to the Treasurer and 
Company of Adventurers of the city of London for the first 
colony in Virginia." This charter embraced four hundred 
miles in absolute property, extending along the sea coast and 
into the land throughout from sea to sea. Between France 
and Great Britain, whose discoveries, as well as settlements, 
were nearly cotemporaneous, contests for the country actually 
covered by the Indians, began as soon as their settlements ap- 
proached each other, and were continued until finally settled 
in the year 1763 by the treaty of Paris. In the controversies 
which were closed by this war, France had contended, not only 
that the St. Lawrence was to be considered as the centre of 
Canada, but that the Ohio was within that colony. She foun- 
ded this claim on discovery, and on having used this river for 
transportation of troops, in a war with some southern Indians. 
In the treaty of 1763, France ceded and guarantied to Great 
Britain, all Nova Scotia or Acadie and Canada with their de- 
pendencies, to the middle of the Mississippi, and the lakes 
Maurepas and Pontchartrain," while Great Britain on her part, 
surrendered to France all her pretensions to the country west 
of the Mississippi. "It has never been supposed that she sur- 
rendered nothing, although she was not in possession of a foot 
of the land. She surrendered all right to acquire the country; 
and any after attempt to purchase it from the Indians, would have 
been considered and treated as an invasion of the territory of 
France. Thus, all the nations of Europe who have acquired 
torritory from the Indians on this continent, have asserted in 
themselves, and have recognized in others, the exclusive right 
of the discoverer to appropriate the lands occupied by the 
Indiaris. By the treaty which concluded the war of our revo- 
lution, Great Britain relinquished all claim not only to the go- 



HISTORY OF KENTUCKY. 13 

vcrnment, but to the "proprietary and territorial rights of the 
United States." By this treaty, the powers of the government, 
and the right to soil, which had previously been in Great 
Britain, passed definitively to these states. They had before 
taken possession of them by declaring independence ; but nei- 
ther the declaration of independence, nor the treaty confirming 
it, could give us more than that, which we before possessed; or 
to which Great Britain was before entitled. It has never been 
doubted that the United States, or the several states, had 
a clear title to all the lands within the boundary lines described 
in the treaty, subject only to the Indian right of occupancy, 
and that the exclusive power to extinguish that right, was vested 
in that government, which might constitutionally exercise it.'"* 
This extinguishment has been made as mentioned, by the 
treaty of Fort Stanwix for the country east of the Tennessee 
river; for the balance of Kentucky, to the Mississippi, a treaty 
with tlie Chickasaws on the 19th October, 1818, provided. In 
addition to these transfers of native title to Kentucky, a con- 
veyance was made by the southern Indians, the Cherokees, to 
Richard Henderson and Company, on the 17th March, 1775, 
on the Wataga or Wataugah, the south-eastern branch of Hol- 
ston. By this treaty was ceded, as it imports, "all the tract 
or territory of lands now called by the name of Transylvania, 
lying on the Ohio river, and the waters thereof, branches of 
the Mississippi, and bounded as follows : Beginning on the said 
Ohio river at the mouth of the Cantuckey Chenoee, or what 
by the English is called Louisa river; from thence running up 
the said river and most northwardly fork of the same to the 
head spring thereof; thence a south-east course to the top ridge 
of Powers mountain; thence westwardly along the ridge of the 
said mountain unto a point from which a north-west course will 
hit or strike the head spring of the most southwardly branch 
of Cumberland river; thence down the said river including 
all its waters, to the Ohio river; thence up the said river as it 
meanders to the beginning. Which said tract or territory of 
lands was at the time of said purchase, and time out of mind, had 
been the land and hunting grounds of the said tribe of (Chero 

B 



14 niSTOEY OF KENTUCKY. 

kee) Indians." The consideration paid for this great section of 
Kentucky between the river of that name and the Cumberland, 
was £10,000 sterling in merchandise. Another treaty in re- 
gard to Kentucky, is said by John Filson,* to have been nego- 
ciated with the Five Nations, for the country between the Ken- 
tucky river and the Great Kenhawa, by Col. Donaldson of 
Virginia, in consideration of £500 sterling. All the research 
which the author has, through the courtesy of the Governor o 
Kentucky, been able to institute on the subject of these ancient 
Indian negociations, remains without an answer. In both these 
instances, certainly in the first, the legislature invalidated the 
private purchase in favor of the public domain ; and assigned 
compensation to the individuals, in large cessions of lands. 
This Indian title was, notwithstanding the subsequent acknow- 
ledgement of Virginia, contrary to her own sense of Indian 
rights, as well as that of the Cherokees; if there has been no 
mistake in an anecdote told us by Judge Haywood in his His- 
tory of Tennessee. At the treaty of Fort Stanwix, which has 
so often been unavoidably brought to the reader"'s attention, 
the Judfre says, in 1766, but the author thinks by mistake, 
some of the Cherokees are said to have attended. They had 
killed on their route some game for their support; and upon 
their arrival at the treaty ground, tendered the skins to the Six 
Nations, saying, 'Hhey are yours, we killed them after passing 
the big river,'''' the name by which they had always designated 
the Tennessee. In 1769, Dr. Walker and Col. Lewis were 
sent as commissioners by Lord Bottetourt, to correct the mis- 
takes of Mr. Stewart, the southern superintendent of Indian 
affairs, in regard to the Cherokee claims. These gentlemen 
had long been conversant, says Dr. Franklin, in Indian Affairs, 
and were well acquainted with the actual extent of the Chero- 
kee country. Yet they most positively informed Mr. Stewart, 
that "the country southward of the Big Kenhawa was never 
claimed by the Cherokees, and now is the property of the 
crown, as Sir William Johnson purchased it of the Six Nations, 
at a very considerable expense; and took a deed of cession 
from them at Fort Stanwix."" 

*Filson's Kentucky, J793. 



HISTORY OF KENTUCKY. 15 

Such, however, as the title might be, it was purchased, ami 
constituted into the colony of Transylvania, by Col. Henderson 
and his associates; though subsequently invalidated as respected 
the grantees, by the government of Virginia. The claims of 
Col. Henderson & Co. were compromised, by a grant of 200,000 
acres of land at the mouth of Green river by Virginia, and 
us much in Powell's Valley by North Carolina. 

It was at this treaty, that Daniel Boone was told by an old 
Indian, who had signed the treaty, taking him by the hand, 
^'brother," says he, "we have given you a fine land, but I believe 
you will have much trouble in settling it;" words, as events 
mournfully proved, of most ominous meaning. The troubles of 
Kentucky have been marked broad and deep in blood; and still 
deeper in the keen wounds of the heart, which often shew them- 
selves by that consuming grief, which withers up the sources 
of joy, and at length wears away its victim to the grave. 

Thus by fair and repeated treaties; first of 1768 with the 
Six Nations, by which the Indian title to Kentucky, was extin- 
guished as far south as the Tennessee river; secondly, by the 
treaty with the Shawnees wdth Lord Dunmore, in 1774; thirdly, 
by the treaty with the Cherokees in 1775, in consideration of 
£10,000 sterling , their title was extinguished to that portion o? 
Kentucky, between the river of that name and the Cumberland 
Mountains and Cumberland river; also, by the treaty of Fort M'- 
Intosh* in 1785 ; confirmed and enlarged by the treaty of Green- 
ville in 1795; and, lastly, by the treaty with the Chickasaws in 
1818; all that part of Kentucky west of the Tennessee and 
south of the Ohio was acquired. Are not these documents rights 
and tide deeds, which the people of Kentucky may proudly 
point out to the cavillers against her title? No private proprie- 
tor, no freeholder in the land, can exhibit a better connected 
chain of title to his possessions, than the state of Kentucky can 
shew to her domain. In this investigation, the author has not 
thought it within his province, to engage in metaphysical dis- 
cussions of natural right. He gladly prefers to such unsettled 
discussions, the authority and practical decisions of the govern- 

* On Uie Ohio river, near Big Beaver Creek. 



16 HISTORY or KENTUCKY. 

ment and the high judicial tribunals of his country. Nor have 
the statesmen and jurists of :he United States differed from 
those of the great European powers on these high questions of 
social rights and political obligations between them and the 
Indian tribes on this continent. This relation is forcibly stated 
in the following extract from the negociations at Ghent on the 
part of the American Ministers.* "The Indians residing with- 
in the United States, are so far independent, that they live 
under their own customs, and not under the laws of the United 
States ; that their rights upon the lands where they inhabit, or 
hunt, are secured to them by boundaries defined in amicable 
treaties between the United States and themselves; and that 
wherever these boundaries are varied, it is also by amicable 
and voluntary treaties, by which they receive from the United 
States ample compensation for every right they have to the lands 
ceded to them. They are so far dependent as not to have the 
right to dispose of their lands to any private persons, nor to any 
power other than the United States, and to be under their protec- 
tion alone, and not under that of any other power." This sub- 
ject is further enlarged as follows: "the United States while 
intending never to acquire lands from the Indians otherwise than 
psaceably, and with their free consent, are fully determined in 
that manner, progressively, and in proportion as their growing 
population may require, to reclaim from a state of nature, and 
to bring into cultivation, every portion of the territory contain- 
ed within their acknowledged boundaries. In thus providing 
for the support of millions of civilized beings they will not vio- 
late any dictate of justice or humanity, for they will not only 
give to the few thousand savages scattered over that territory, 
an ample equivalent for any right they may surrender, but will 
always leave them the possession of lands more than they can 
cultivate, and more than adequate to their subsistence, comfort 
and enjoyment by cultivation." 

But the author is not disposed in this deduction of title founded 
on solemn treaties, such as have from time immemorial governed 
the relations of political societies, to overlook the valour and 

* State Papers, vol. ix. 396, 406, 



HISTORr OF KENTUCKY. 17 

enduring hardihood, by which the rights of Kentucky have been 
confirmed and scaled in the blood and by the arms of her souf. 
The rights of arms and of conquest are parts of the law of na- 
tions; and the people of Kentucky, are entitled to their opera- 
tion as much as every other body politic. Such indeed, is the 
uncertain condition of even civilized society, that helpless are 
the plainest rights of men, which are not supported and vindica- 
ted when necessary, by the courage and the manly firmness of 
their possessors. To the fruits of this courage and endurance 
of suffering in every appalling form, no portion of the western 
country has superior claim to that of Kentucky. She has been 
the nursing mother of the west, the blood of her children has 
flowed freely on every battle field; and now, let them and their 
posterity enjoy the honors so manfully won. 



CHAPTER II. 



Policy of tlie British Government— Proclamation 1763— Violations of it— Visit of Dr. 
Walker in 1747— Names the Shawanee river CiiniberJand— Visit of John Finlcy— of 
Daniel Doone—Lon;' hnnters-Visit of Capt. Thomas Bullitt and McAfees— Surveys 
of Louisville — S'nion Kenton — Burnin?of Hendricks — Adventures of the McAfees — 
James Harrod settles Harrodshurg— Battle of Point Pleasant— Treaty of 1774— Treaty 
of 1775— Settlement of Boonesborougb and St. Asaphs— Indian method of siege. 

The Britisli government seems to have suspected the policy 
of extending her colonies.yree/?/, on this side of the Alleganies; 
though several large grants of land had been made to different 
land companies.* The proclamation of the King, however, in 
1763, expressly prohibited the granting warrants of survey, or 
passing "patents for any lands beyond the heads or sources of 
any of the rivers, which fall into the Atlantic ocean from the 
west or north-west." But so irresistible is the love of adven- 
ture in the early state of society, so irrepressible is its fondness 
for new and unexplored scenes of enterprise, that as was once 
said in the Senate of the United States, "you might as well 
inhibit the fish from swimming down the western rivers to the 
sea, as to prohibit the people from settling on the new lands." 

*4th vol. Pranklin'e Works; Ohio Settlement; Marshall's Colonial History, p. 261. 

B* 



18 HISTORY OF KENTUCKY. 

The whole history of our country, and particularly of its wes- 
tern section, is an exemplification of this enterprising spirit: 
Nor could tenfold the energies of the British government have 
repressed this darling passion of society. Accordingly it was 
found seeking its gratification, by numerous pioneers, who 
sometimes singly, and at other times in parties, little stronger, 
considering the fearful odds of enemies and distance, opposed 
to them, engaged in exploring this new region of the West. No 
doubt the military conflicts of our countrymen with the French 
and Indians, in the war of '55; and the distinguished success 
with which it closed, must have brought many gallant spirits 
acquainted imperfectly, with the country on the lower Ohio; 
and as far as it was imperfect, so much more would their ar- 
dent imaginations enhance its interest, and would their curiosity 
be stimulated. Indeed, the actual occupation of the country 
acquired by the peace of 1763, obliged the British officers to 
pass through the Western Country to St. Vincents, as Vin- 
cennes was then called, to Kaskaskias and Cahokia. 

Previous to this time, as early as* 1747, Dr. Walker, of Vir- 
ginia "led an exploring party through the north-eastern portion 
of the state and gave the name of Cumberland, after the 
^'Bloody Duke," of that name, to the present river, formerly 
called Shawanee river, and likewise Louisa, to the Big Sandy 
river on the east, a name now confined to one of its upper 
forks; but which was at first applied to the Kentucky.! This 
party, having unfortunately fallen upon the most mountainous 
portion of the State, did not effect much, in favor of Kentucky 
by their report. John Finley, of North-Carolina, and his com- 
panions, are said by Daniel Boone, to have visited the country, 
in 1767, without however leaving, it is believed, a trace of their 
expedition beyond their names ; now so briefly, but unavoida- 
bly recorded. Two years after the return of Finley, Daniel 
Boone tells us in his meagre ^Narrative, that "on the first of 
May, 1769, he left his peaceable habitation on the Yadkin Ri- 
ver, in North-Carolina," in quest of the country of Kentucky, 

« Dr. Walker so informed John Brown, Esq. of Frankfort, f McAfea and Rajr, 
tComposed by John FUson, from the dictation of Boone, in 1784. 



HISTORY OF KENTUCKY. 10 

in company with John Finley, John Stewart and three others. 
To a philosophic observer in the ancient and ripened States of 
society, could any thing appear more forlorn and quixotic, than 
thus to abandon peaceable habitations in the very spring and 
seed time of the year; to go in quest of a distant and unknown 
country, infested with wild beasts and enemies not less savage ; 
a region beset with every variety of difficulty and hardship ! 
Yet while these difficulties deter the quiet and industrious, they 
only stir the blood and string the nerves of the enterprising and 
the restless. Both characters have their appropriate periods 
and sphere of social utility. 

Our daring explorer continues; "we proceeded successfully, 
and after a long and fatiguing journey, through a mountainous 
wilderness in a western direction, on the 7th day of June follow- 
ing, we found ourselves on Red River the northernmost branch 
of the Kentucky river; where John Finley had formerly been 
trading with the Indians, and from the top of an eminence, we 
saw with pleasure, the beautiful level of Kentucky." Let us 
attend to the first recorded impressions, which, this new coun- 
try made upon its hardy and fearless explorers; "we found" 
says the narrative "every where abundance of wild beasts of 
all sorts through this vast forest." The buffaloes (or the bison of 
the naturalist) were more frequent than I have seen, says Boone, 
cattle in the settlements, browzing on the leaves, or cropping 
the herbage on these extensive plains." The party continued 
^'hunting with great success until the 22d of December follow- 
ing." Soon after this, John Stewart was killed, the first victim, 
iis far as is known, in the hecatombs of white men, offered 
by the Indians to the god of battles, in their desperate and ruth- 
less contention for Kentucky. Our author or pamphleteer then 
says, that he and his brother Squire Boone, who had reached 
the country some time before in pursuit of his roving relative, 
continued during the winter undisturbed, until the first of May; 
when the former returned to the settlements, as the more dense- 
ly inhabited parts of the country were called. 

During this same year,* a party of about forty stout hunters, 

*MarsbaI),>2.9. 



20 HISTOEY OF KENTUCKY. 

"from New River, Holston and Clinch" united in a hunting ex- 
pedition west of the Cumberland Mountains. 

Nine of this party led on by Col. James Knox reached Ken- 
tucky; and, from the time they were absent from home, they 
"obtained the name of the Long Hunters.'^'' This expedition 
reached "the country south of the Kentucky river" and became 
acquainted with Green river, and the lower part of the Cumber- 
land. 

In addition to these parties, so naturally stimulated by the 
ardent curiosity incident to early and comparatively, idle so- 
ciety, the claimants of military bounty lands which had been 
obtained from the British crown, for services against the French, 
furnished a new and keen band of western explorers. Their 
land warrants were surveyed on the Kenhawa and the Ohio; 
though most positively against the very letter of the royal pro- 
clamation of '63. But at this distance from the royal court, it 
was nothing new in the history of government that edicts eman- 
ating, even from the King in council, should be but imperfectly 
regarded. However, this maybe, land warrants were actually 
surveyed on the Kenhawa as early as 1772, and in 1773, seve- 
ral surveyors were deputed to lay out bounty lands on the Ohio 
river. 

Amongst others Thomas Bullitt, uncle to the late Alexander 
Scott Bullitt, first lieutenant governor of Kentucky; and Han- 
cock Taylor, engaged in this adventurous work. These gen- 
tlemen with their company were overtaken on the 28th of May, 
1773, by the McAfees, whose exertions will hereafter occupy 
a conspicuous station in this narrative. 

On the 29th, the party in one boat and four canoes, reached 
the Ohio river, and elected Bullitt their captain. 

There is a romantic incident connected with this gentleman's 
descent of the Ohio, evincing singular intrepidity and presence 
of mind; it is taken from his journal, as Mr. Marshall says, and 
the author has found it substantially confirmed by the McAfee 
papers. While on his voyage, he left his boat and went alone 
through the woods to the Indian town of Old Chilicothe, on the 
Scioto. He arrived in the midst of the town undiscovered by the 



» HISTORY OP KENTUCKY. 21 

Indians, until he was waving his white flag as a token of peace. 
He was immediately asked what news? Was he from the Long 
Knife? And why, if he was a peace-meesengcr, he had not 
sent a runner ? Bullitt, undauntedly replied, that he had no bad 
news; was from the Long Knife, and as the red men and the 
whites were at peace, he had came among his brothers to have 
a friendly talk with them, about living on the other side of the 
Ohio; that he had no runner swifter than himself; and, that he 
was in haste and could not wait the return of a runner. "Would 
you," said he, "if you were very hungry, and had killed a deer, 
€end your squaw to town to tell the news, and wait her return 
before you eat?" This simple address to their own feelings, 
soon put the Indians in good humour, and at his desire a coun- 
cil was assembled to hear his talk the next day. Captain Bul- 
litt then made strong assurances of friendship on the part of the 
whites and acknowledged that these "Shawnees and Delawares, 
our nearest neighbors," "did not get any of the money or blank- 
ets given for the land, which, I and mj people are going to set- 
tle. But it is agreed by the great men, who own the land, that 
they will make a present, to both the Delawares and Shawanees, 
the next year; and the year following, that shall be as good.'* 
On the ensuing day, agreeably to the very deliberate manner 
of the Indians in council, Capt. Bullitt was informed, that "he 
seemed kind and friendly, and that it pleased them well." That 
as to "settling the country on the other side of the Ohio with 
your people, we are particularly pleased that they are not to 
disturb us in our hunting. For we must hunt, to kill meat for 
our women and children, and to get something to buy our powder 
and lead with, and to get us blankets and clothing." In these 
talks, there seems a strange want of the usual sagacity of the 
Indians as to the consequences of white men settling on their 
hunting grounds; so contrary to their melancholy experience 
for a century and a half previous; yet, the narrative is uninv 
peachable. On the part of Bullitt, too, the admission of no com- 
pensation to the Delawares and Shawanees, appears to be irre- 
concileable with the treaty at fort Stanwix with the master 
iribes of the confederacy, the Six Nations, However, this may 



22 HISTORY OF KE?fTUCKY. 

be, the parties separated in perfect harmony, and Captain Bui- 
iitt proceeded to the Falls. Here he pitched his camp above the 
mouth of Beargraes creek, retiring of a night to the upper point 
of the shoal above Corn Island, opposite to the present city of 
Louisville. It was this gentleman, who, according to the testi- 
mony of Jacob Sodowsky,a respectable farmer, late of Jessa- 
mine county, in this state, first laid off the town of Louisville^ 
in August, 1773. He likewise surveyed Bullitt's Lick in the 
adjoining county, of the same name. 

Another surveyor by the name of James Douglass, followed 
Captain Bullitt during the same year, and on his way to the 
Falls landed near the celebrated collection of Mammoth bones 
which goes by the emphatic name of Big Bone Lick. Here 
Douglass remained forming his tent poles of the ribs of some of 
the enormous animals, which formerly frequented this remarka- 
ble spot and on these ribs blankets were stretched for a shelter 
from the sun and the rain. Many teeth were from eight to nine, 
and some ten feet in length; one in particular was fastened in 
a porjpendicular direction in the clay and mud, with the end six 
feet above the surface of the ground ; an effort was made, by 
^A men in vain, to extract it from its mortise. The lick exten- 
ded to about ten acres of land bare of timber, and of grass or 
herbage ; much trodden, eaten and depressed below the original 
surface ; with here and there a knob remaining to shew its for- 
mer elevation. Thereby indefinitely indicating a time when, 
this resort of numerous animals had not taken place. Through 
the midst of this lick, ran the creek and on each side of which, 
a never-failing stream of salt water; whose fountains were in the 
open field. To this lick, from all parts of the neighbouring 
country, were converging roads, made by the wild animals 
that resorted the place for the salt, which both the earth and 
the v/ater, contained. 

When the McAfees visited this lick with Captain Bullitt, se- 
veral Delaware Indians were present; one of these being ques- 
tioned by James McAfee, about the origin and nature of these 
extraordinary bones, replied, that they were then just as they 
had been, when he first saw them in his childhood. Yet, this 



HISTORY OP KENTUCKY. 23 

Indiana ppeared to be at least seventy years of age. Collections 
of the bones of animals, which, have ceased to tenant the earth, 
are now tamiliar not only in the United States, but in other parts 
of the world; but none exceed the one in question, of the bones 
of the mammoth or the mastodon. About this time Col. John 
Floyd visited Kentucky, as the deputy of Francis Preston, who 
was surveyor of Fincastle co, in Virginia, and was one of the 
party conducted 'in' by Boone ; he afterwards returned in 1775, 
settled six miles from the Falls, at v/hat was called Floyd's sta- 
tion on the middle fork of Beargrass creek; he afterwards dis- 
tinguished himself in the history of the state. About this pe- 
riod, possibly not till 1774,* Simon Kenton, who afterwards, 
temporarily changed his name to Butler, descended the Ohio to 
Cabin creek, a few miles above the present Maysville, Shortly 
afterwards, Kenton in company with two others, reached the 
neighbourhood of Mayslick, and for the first time, was struck 
with the uncommon beauty of the country and the fertility of 
the soil. Here the travellers fell in with a great buffalo trace, 
which, in" a few hours, brought them to the Lower Blue Lick. 
"The flats upon each side of the river were crowded with im- 
mense herds of buffalo, that had come down from the interior 
for the sake of the salt; and a number of elk were seen upon 
the bare ridges, which surrounded the springs," The same pro- 
fusion of game presented itself at the Upper Blue Lick. "Re- 
turning as quick as possible, they built a cabin on the spot, 
where the town of Washington in Mason county, now stands ; 
and having cleared an acre of ground in the centre of a large 
canebrake, they planted it with Indian corn." Soon after this, 
Kenton and his two companions, having left one Hendricks, a 
fellow hunter at their camp, for the purpose of escorting another 
companion on his way home, upon returning, found the camp 
plundered with every mark of violence ; and at a little distance 
in a low ravine, they observed a thick smoke ascending, as it 
from a fire just beginning to burn. The party "believing that 
Hendricks had fallen into the hands of the Indians," who were 
now burning him, fled with a precipitation unworthy of their 
» McCIung's Sketches, J)9, 101. 



24 HISTORY OF KENTUCKY. 

leader's subsequent fame ; and they did not venture to return, 
until the evening of the next day. The fire was still burning, 
though faintly, and after carefully reconnoitering the adjacent 
ground, they found the skull and bones of their unfortunate ' 
friend, as far as they had been left unconsumed. Hendricks 
had evidently, been burned to death by a party of Indians, and 
was the first, and as it is believed the last of such diabolical sa- 
crifices, on the soil of Kentucky. Still, this most savage of the 
Indian customs, was often fearfully, and with every aggravation 
of torment, inflicted on their prisoners at their towns. It seems, 
however, during the late war of 1812, that it was greatly inter- 
mitted, if not entirely abandoned. Such is a faint instance of 
some of the horrors, endured by the early hunters of Kentucky. 
Peace to their ashes, and everlasting honor to their manly 
memory ! 

The McAfees next present themselves as an energetic deter- 
mined family of men, even in the hardy and adventurous times 
which occupy this history. *This party consisting of James, 
George, and Robert McAfee, James McCoun, Jr. and Samuel 
Adams left Sinking creek in Bottetourt county, Virginia, on 
the first of June, 1773; they struck across the country to New 
river, where, having sent back their horses by John McCoun 
and James Pawling, they descended the river in canoes. The 
party continued in company with Bullitt and his companions as 
has been mentioned, until they came to the mouth of the Ken- 
tucky river. At this point the company separated, Capt. Bullitt 
proceeding, as before observed, to the Falls, and the McAfees, 
with Hancock Taylor, ascended the Kentucky river, or Levisa, 
(possibly a corruption of Louisa,) to Drennon's lick creek, which 
they went up, as high as the lick. Here, they found a white 
man of the name of Drennon, who had crossed the country 
from the Big Bone lick, and got before the McAfees one day. 
The same appearances presented themselves here, as at all 
the licks of the western country, a profusion of every sort of 
game struggling for the salt, all in sight at once ; and the roads 
about the lick, as trodden and wide, as in the neighborhood of 

*McAfee papers In the possession of Gen. R. B. McAfee, in perfect preservation. 



HISTORY OP KENTUCKY. 25 

a populous city. They are spoken of as streets, by the old 
hunters. The party took one of these roads, or traces, as they 
were called, so fortunately made by the buffalo and other game, 
through almost impenetrable cane brakes, and crossed the Ken- 
tucky river, at the ford below Frankfort, opposite to what has 
since been called Lee's Town. Here they turned up the river 
and surveyed the bottom in which Frankfort now stands, hem<r 
the first survey made on the Kentucky river; it took place the 
16th July, 1773, for 600 acres. They then went up the ridge 
along the present Lexington road, until ten or eleven o'clock 
of the 17th, when they again crossed the Kentucky river seven 
miles above Frankfort, and passed a little east of the present 
Lawrenceburg and encamped near the remarkable spring 
which is situated under a rock, on the road between Frankfort 
and Harrodsburg; then called the cave spring, and now known 
as Lillard's. After surveying some land, the party hunted 
westwardly, until they discovered Salt river; but which they 
called Crooked creek: they then went down this creek to the 
mouth of Hammond's creek; surveying from this point, to the 
mouth of the branch, on which Harrodsburg now stands. On 
the 31st July, the company, with the exception of Taylor, 
who had gone with two others to join Bullitt at the Falls, took 
nearly a south-east course across Dick's river, several miles 
above the mouth; and about the 5th of August, reached the 
forks of the Kentucky river. Here the mountains were almost 
impassable, on account of the thick laurel, the pine and the 
under brush ; nor did they discover any game, until the 8th of 
August, when James McAfee killed a buck elk, which afforded 
them all the provision they had, until the 12th. The country 
now presented nothing but naked rocks, the abode of desolation 
and ruin; silence reigned on every side, not a living animal 
but themselves to be seen. In this barren and mountainous 
region, the party wandered along, without a mouthful to eat for 
two days, their feet blistered and bruised with the rocks, their 
flesh torn by the briars, that covered the country, and no water 
to be found; then it was, that George McAfee and George Adams 
threw themselves on the ground, declaring they could go no 

C 



2Q HISTORY OF KENTUCKY. 

further. In this distressing situation, at the point of starvation 
in the midst of a wilderness, hundreds of miles from home, 
Robert McAfee, (the father of the present General Robert 
B. McAfee,) started alone to find something to kill. On 
passing the point of the next ridge, about sunset, he joyfully 
discovered a small buck about fifty yards off, and notwithstand- 
ing his intense anxiety for his brothers and other friends, whose 
lives depended on the certainty of his shot, he fired and killed 
his object. The rest of the party, animated by the report of 
his gim, came hobbling up, and a neighboring branch of water, 
enabled them all to recover from the late horrors. The party 
havino" travelled by what was called the hunter's path across 
the head of PowePs Valley, soon after safely returned to their 
anxious friends in Bottetourt. 

So much seemed due to the peril and the hardihood of this 
enterprising adventure, whose particulars have been carefully 
and worthily preserved in the family papers. These hardships 
were, however, only a prelude to a series of most cruel and 
disheartening misfortunes that terminated in seating the family 
on some of the finest lands of Kentucky, to enjoy the love and 
the respect of a wide connection of relations and of friends. 

Other surveyors were sent to the Ohio in 1774, who landed 
at the Falls of that river, the present site of Louisville; they 
travelled up the Kentucky river as far as Elkhorn creek on the 
north side, and Dick's river on the south, to the neighborhood of 
the present towns of Frankfort and Danville. This, it is pre- 
sumed, is the party of surveyors mentioned by Boone, as 
"having, with one Michael Stoner, in June, 1774, conducted 
in, at the request of Lord Dunmore:" completing a tour of 
eight hundred miles through many difficulties, in sixty-eight 
days. As yet, no families had removed into this part of the 
country; but in the course of 1774, James Harrod, who had 
led a party from the country on the Monongahela, ascended the 
Kentucky river in canoes to Harrod's landing ; and proceeding 
across the country, built the first log cabin in Kentucky, upon 
the present seat of Harrodsburg; hence, at that time, called 
Harrod's Town. This however was not occupied long, before 



HISTORY OF KENTUCKY. "21 

hostilities broke out with the Indians, and the battle of Point 
Pleasant was so obstinately fought at the mouth of the Ken- 
hawa, on the 10th of Qctobcr in this year. This, with the 
operations of the right wing under Lord Dunmore in person, 
had completed the rupture, which compelled the early explorers 
to withdraw from Kentucky ; and indeed attracted the greater 
part of them, including Boone, Harrod and the Shelbys, to 
engage in the left wing of the expedition. After the peace 
concluded by Lord Dunmore, afterwards so much suspected for 
its motives. Col. Richard Henderson and his associates pur- 
chased the title*^ which the Cherokees maintained to the coun- 
try, south of the Kentucky river, Boone was employed by this 
company of Indian purchasers, to mark a road through the 
southern wilderness, to the Kentucky river. Hitherto the 
access to the country had been by hunters' paths and buffalo 
traces. '*We proceeded," says the pioneer, "with all possible 
expedition, until we came within fifteen miles of where Boones- 
borough now stands, on the south side of the Kentucky river 
and in the present county of Madison. When the party of 
choppers and markers had reached this distance, they were 
fired upon by the Indians, who killed two men and wounded 
two others. Yet although surprised and taken at a disadvan- 
tage, we stood our ground." On the 23d March, the party was 
a"-ain attacked and lost two more men, and had three wounded 
Still, by the 1st April, they began to erect the fort, which was 
afterwards called Boonesborough. It was situated near a salt 
lick, about sixty yards from the Kentucky river, on the south 
side. Yet it is said to have been commanded from the cliffs on 
the opposite side of the river, whence a ball could reach the 

* In connection with this subject a venerable friend has pointed out the following passage 
in Smollett's continuation of Hume's England. "In Great Britain, thii year, 1730, was not 
distinguished by any transaction of great moment. Seven chiefs of the Cherokee .Na- 
tions of Indians in America were brought to England by Sir Alexander Cumin. Being 
introduced to the King, they laid their crown andresaliaat his feet, and by an authentic 
deed acknowledged themselves subjects to his dominion, in tiie name of all their com- 
patriots, who had vested them with full powers for this purpose. They were amazed 
and confounded at the riches and magnificence of the British Court; they compared tha 
King and Queen to the Sun and Moon, the Princes to the Stars of Heaven, and themselves 
to nothing. Tney gave their assent in the most solemn manner to articles of friendship 
and conmierce, proposed bv the Lords Couunissioners for trade and plantations; and 
»)eing loaded with presents o"f necessaries--, arms and amunition, were reconveyed to their 
own country, which borders on the Province of South Carolina." 2d vol. Smollett, 493. 



«0 HISTORY OF KEXTUCKY. 

fort. It was not until the 14th of June, 1775 that the first fort, 
of the white man was built in Kentucky. Well might the 
Indians, could they have anticipated the faintest shadow of the 
ills in store for them, and their whole race, from this foothold of 
the white man ; hav e contested the fatal lodgment, with the last 
drop of their blood. The genius of their Pontiac, their Turtle 
and Tecumseh, did not display itself more gloriously at Detroit, 
against St. Clair, and on the Thames, than it might have done, 
in preventing the white man from erecting his forts in the great 
hunting ground of their tribes. 

A fort in these rude military times, consisted of pieces of tim- 
ber sharpened at the end and firmly lodged in the ground : rows 
of these pickets, enclosed the dfesired apace, which embraced 
the cabins of the inhabitants. A block house or more, of supe- 
rior care and strength, commanding the sides of the fort, with 
or without a ditch, completed the fortifications, or stations as 
they were called. Generally the sides of the interior cabins 
formed the sides of the fort. Slight as this advance was, in the 
art of war, it was more than sufficient against attacks of small 
arms, in the hands of such desultory warriors, as their irregular 
supplies of provisions necessarily rendered the Indians. Such 
was the nature of the military structures of the pioneers against 
their enemies. They were ever more formidable in the cane 
brakes and in the woods, than before even these imperfect 
fortifications. 

About September, 1775, Hugh McGary, from the back woods 
of North Carolina, Richard Hogan and Thomas Denton, with 
their families, united to Daniel Boone and company, making, 
in the language of the times, twenty-seven guns; that is equiva- 
lent to twenty-seven fighting men. The party assembled in 
Powell's Valley, on the head of Holston river, after having 
waited three months, for the junction of Boone's company, 
and having sent one John Harman before them, to raise a 
crop of corn at Harrodstown. This labor he performed, in a 
field at the east end of the present town, where John Thomp- 
son, Esq. now lives. It is proper to mention, that Boone had 
previous to this, on the 25th September, 1773, made ah attempt 



lilSTORY OF KENTUCKY. '-^iy 

to move to Kentucky, "in company with five families and forty 
men that joined us in Powell's Valley " But on the 10th Oc- 
tober, Boone says, "the rear of our company was attacked by 
a number of Indians, who killed six men and wounded one." 
This severe repulse deterred the party from prosecuting their 
daring enterprise, until the time mentioned above. 

When McGary's party had arrived at the head of Dick's 
river, Boone, with twenty-one men, went to Boonesborough, 
and left his previous associates to find their way, as well as 
they could by his directions, through the pathless forest to 
Harrodstown. At the time of our narrative, there were but 
four cabins at this place, one of which was inhabited, and but 
five old soldiers in them, who had followed James Harrod from 
the Monongahela country. This distinguished explorer, had 
likewise settled a place known as Harrod's Station, about six 
miles east of Harrodsburg, on the present road to Danville. 

The families with McGary, having got bewildered, left the 
horses and cattle with James Ray, John Denton and John 
Hays, all boys, (the former, now General James Ray, but fif- 
teen years of age,) opposite to the mouth of Gilbert's creek, on 
the east side of Dicks river, while they attempted the route 
by themselves. McGary, finding no passage for the families 
at the mouth of Dick's river, on account of tlie lofty precipi- 
tous clifis, went by himself to explore the way : by accident 
he fell on the path between Harrodsburg and Harrod's Station, 
and taking the eastern end, it brought hun to the latter place, 
where he got Josiah Harlan of lamented memory, to pilot the 
families, as well as the three boys, into Harrodstown. Thus 
was formed the first domestic circle of Harrodsburg by Mrs. 
Denton, McGary and Hogan, with their families; where is now 
the resort of the gayest of the gay among the fashionables of 
the west. These younger woodsmen were not, however, re- 
lieved until three weeks had elapsed, instead of thre« days, as 
promised by McGary at first, when they were left on this 
forlorn hope. To add to their distress, they could not foro-et 
the fate of three boys, the eldest hopes of three families, who 
had been killed by the Indians in 1773, under very similar 



30 HISTORY OF KENTUCKY. 

circumstances; while left to collect some stray horses in Pow- 
ell's Valley, when moving with Boone to Kentucky. One, 
the eldest son of Boone, had been a playmate of James Ray 
in North Carolina. During the winter of '75-6, was begun 
the fort of Harrodstown, of such enduring importance in the 
early difficulties of Kentucky. It was situated on the hill, now 
occupied by the seminary building, and included a consid- 
erable spring of water at its foot : it was not finished until the 
ensuing season. 

From this period may be dated the permanent settlement of 
Harrodsburg; about the same time. Col. Benjamin Logan, of 
Virginia, established Logan's fort, about a mile west of the pre- 
sent town of Standford, in Lincoln county. The precise date of 
this establishment cannot be ascertained ; but Col. Floyd speaks* 
of its being known as a station or fortified settlement, in May, 
1775. At this time, the title of Henderson & Co., seems to 
have been generally acknowledged by the settlers in the coun- 
try. Nor were their numbers so contemptible even at that early 
day ; they are computed by a close observer, to have amounted 
to three hundred; and to have had about two hundred and thirty 
acres under cultivation in corn. So perfect at first, was the ac- 
quiescence of the people in the title of the company mentioned 
above; that eighteen delegates assembled in convention at 
Boonesborough in the course of this year and after acknowl- 
edging Henderson & Co., as proprietors, "established courts of 
justice, rules for proceeding therein, also a militia law, an at- 
tachment law, a law for preserving the game and for appoint- 
ing civil and military officers," Such was the incipient stage of 
this great commonwealth, under what may be called its proprie- 
tary government. So eager were settlers to embark under the 
title of this great land company; that by the 1st of December, 
1775, 560,000 acres of land were entered, as it is presumed in 
their office. Deeds of great formality were issued by this com- 
pany calling themselves "proprietors of the Colony of Transyl- 
vania in America." By these deeds, the grantees under the 

* Correspondence of Col. J. Floyd, with Col. William Preston, politely communicated. 
bjNath. Hart, Esq. of Woodford county. 



HISTORY OP KENTUCKY. 31 

company, bound themselves to pay them, "one moity or half part 
of all gold, silver, copper, lead or sulphur mines ;'' and, moreover, 
to pay the company a rent, as might be agreed on, "yearly and 
for every year." The penalty for not paying this rent was pro- 
vided by a covenant, "that if no sufficient distress can be found 
on the premises whereon it shall be lawful for the said Co., 
to levy such rent or arrears , with full costs, charges and expen- 
ses in making and levying the same, then this present grant and 
all assignments shall be void and of none effect. The company 
then reserved a right "to re-enter into the said lands and re-grant 
the same to any other person or persons whatsoever." Had 
this company retained its title, Kentucky, would within 
their jurisdiction or purchase, have been under a quit rent to 
those great proprietors forever. It is, however, much to be 
doubted, whether the high temper of the western people would 
have submitted to a state of things, which had been a constant 
source of heart burnings in the elder colonies. Sooner indeed 
than have been any thing less than fee simple or allodial pro- 
prietors, the hunters of the west, (had they not risen in arms,) 
would have abandoned the country, to these lords proprietors. 
Symptoms of the slight hold these terms had upon the hearts of 
tlie people, at the earliest manifestations of Indian hostilities, 
may be inferred from the fact; '^that three hundred men are said 
to have left the country by July, 1776. Col. Clark intimates 
the same in his memoir. He remarks, that the company "took 
great pains to ingratiate themselves in the favor of the people; 
but too soon, for their own interest began to raise upon their 
lands, which caused many to complain." Some dissatisfaction 
of this sort, seems to have operated in producing the subsequent 
mission of Clark and Jones, to the government of Virginia, res- 
pecting the regulation and sale of the country. 

At the same time, in justice to this great company, it must be 
observed, that it furnished, although for sale, all the supplies 
of gunpowder and lead with which the inhabitants defended 
themselves and their families. Indeed, the books of Henderson 
^ Co. exhibit, accounts for these articles with all the inhabi- 
* Correspondence of Col. Floyd 



32 HISTORY OF KENTUCKY. 

tantsof the country, in the years 1775-6: while they arc cre- 
dited with various items, as cutting the road to Cantuclcey, hunt- 
ing and ranging. The prices of articles in these accounts, 
afford some curious comparisons with those of the present times. 
Powder was charged at $2 66 per pound, and lead at 16s cents; 
while labour was credited at 33 cents or fifty cents per day, for 
ranging, hunting or working on roads. These accounts remain 
unclosed upon the books in every instance, shewing a con- 
dition of no little indebtedness for the colonists of Transylvania 
to the great proprietors. 

About the 16th of July, 1776, it was discovered from the 
sign, as the marks of the enemy's presence were termed, that 
a large body of Indians had come into the country with hostile 
intentions ; and, had according to their mode of invasion dis- 
persed in small bands infesting the stations, at the same time. 

A romantic instance of the insecurity of the times, and the 
ardent sympathy which knit the people to one another, is beau- 
tifully exhibited in the following narrative in the words of an 
actor.* "On the 7th of July 1776, the Indians took out of a canoe 
which was in the river, within sight of Boonesborough, Miss 
Betsey Calloway, her sister Frances, and a daughter of Daniel 
Boone. The last two are about thirteen or fourteen years of 
age and the other grown. The affair happened late in the af- 
ternoon" and the spoilers "left the canoe on the opposite side of 
the river from us, which prevented our getting over for some 
time to pursue them. Next morning by daylight we were on 
the track; but found they had totally prevented our following 
them by walking some distance apart through the thickest cane 
they could find, we observed their course and on which side we 
had left their sign, and travelled upwards of thirty miles. We 
then imagined that they would be less cautious in travelling 
and made a turn in order to cross their trace, and had gone but a 
few miles, before we found their tracks in a buffalo path; pur- 
sued and overtook them on going about ten miles, just as they 
were kindling a fire to cook. Our study had been more to get 
the prisoners without giving the Indians time to murder therai 
^ » Colonel Floyd. 



niSTORY OF KENTUCKY. 33 

after they discovered us, than to kill them. Wc discovered 
each other nearly at the same time. Four of us fired, and all 
rushed on them, which prevented their carrying any thino- away 
except one shot-gun without any ammunition. Mr. Boone and 
myself had a pretty fair shoot, just as they began to move off. 
I am well convinced I shot one through, and the one he shot 
dropped his gun, mine had none. The place was very thick 
with cane and being so much elated on recovering the three little 
broken hearted girls, piovonted our making any further search. 
We sent them off without their mockasons, and not one of them 
so much as a knife or a tomahawk." These are the unembel- 
lished circumstances of a transaction, which a lively and most 
interesting writer has, through misinformation, historically dis- 
figured into a beautiful romance.* A continuation of such heart 
rending depredations and the death of the hunters in every di- 
rection, spread a dismay, which may faindy be conceived from 
the following most honorable extracts from the correspondence 
of the same gallant man whose narradve has just been quoted. 
^'I want to return as much as any person can do; but if I leave 
the country now, there is scarcely one single man hereabouts, 
but what will follow the example. When I think of the deplo- 
rable condition of a few helpless families are likely to be in ; I 
conclude to sell my life as dear as I can in their defence rather 
than make an ignominious retreat." Again he says, ^'I do at 
the request, and in behalf of all the distressed \yomen and chil- 
dren and the inhabitants of this place, implore the aid of every 
leading man, who may have it in his power, to give them any re- 
lief:" 

No place seems more appropriate than the present for detail- 
ing the circumstances usually attending an Indian siege. "The 
Indians in besieging a place are seldom seen in force upon any 
quarter; but dispersed, and acting individually, or in small par- 
ties. They conceal themselves in the bushes or weeds, or be • 
hind trees or stumps of trees ; or waylay the path, or fields, or 
other places which their enemies resort ; and when one or more 
more can be taken down, in their opinion, they fire the gun, or 

♦Flint's Life of Daniel Boone, page 69, f Marshall, 1, 43-44 



34 HISTORY OF KENTUCKY. 

let fly the arrow, aimed at the mark. If necessary, they re* 
treat — if they dare, they advance upon their killed, or crippled 
adversary ; and take his scalp, or make him prisoner, if possi-' 
ble. They aim to cut off the garrison supplies, by killing the 
cattle; and they watch the watering places, for those who go, 
for that article of primary necessity ; that they may by these 
means, reduce the place to their possession ; or destroy its in- 
habitants, in detail." 

"In tho night, they will placo themsoKes near ihe foi-t gato^ 
ready to sacrifice the first person who shall appear in the morn- 
ing: in the day, if there be any cover — such as grass, a bush, 
•a large clod of earth, or a stone as big as a bushel, they will 
avail themselves of it, to approach the fort, by slipping forward 
on their bellies, within gun-shot ; and then, whosoever appears 
fii'st, gets the fire; while the assailant makes his retreat behind 
the smoke, from the gun. At other times they approach the 
walls, or palisades, with the utmost audacity — and attempt to 
fire them, or to beat down the gate. They often make feints, to 
draw out the garrison, on one side of the fort, and if practicable 
enter it by surprise, on the other. And when their stock of 
provision is exhausted, this being an individual affair, they sup- 
ply themselves by hunting; and again, frequently return to the 
siege ; if by any means they hope to get a scalp." 

"Such was the enemy, who infested Kentucky, and with whom 
the early adventurers had to contend. In the combat, they were 
brave ; in defeat, they were dexterous ; in victory, they were 
cruel. Neither sex nor age, nor the prisoner, were exempted 
from their tomahawk, or scalping knife. They saw their per- 
petual enemy, taking possession of their hunting ground; to 
tliem, the source of amusement, of supply, and of traffic; and 
they were determined to dispute it to the utmost extent of their 
means. Had they possessed the skill which combines individual 
effort, with a concerted attack; and had they directed their 
whole force against each of the forts, then few, and feeble, in 
succession ; instead of dissipating their strength, by attacking 
all at the same time ; they could easily have rid Kentucky of 
its new inhabitants : and again restored it to the buffalo, and 



HISTORY OF KENTUCKY. 35 

the Indian ; the wild game, and its red hunters. But it was or- 
dered otherwise; and after inflicting great distress upon the 
settlers, without being able to take any of the forts, the ap- 
proach of winter dispersed them; they having, in the mean 
time, killed sundry persons; and destroyed most of the cattle 
round the stations. Of the settlers, however, it is to be said, 
that they acquired fortitude, and dexterity, in proportion to the 
occasional pressure. In the most difficult times, the Indians 
were obliged to retire into the woods, sometimes in pursuit of 
game, sometimes, as to a place of safety : and generally by 
night they withdrew, to encamp at a distance. In these inter- 
vals, the white men would plough their corn, or gather their 
crop, or get up their cattle, or hunt the deer, the bear, and buf- 
falo, for their own food." 

"When travelling, they left the paths ; and they frequently 
employed the night, to get out from, or return to, the garrison. 
In these excursions, they often exchanged shots with the In- 
dians : and at times, when they came to the station, found it in- 
vested." 

In despite of these difficulties and dangers, struggling for life 
with the wilderness and so wily and savage a foe, there were, 
"from a review of the records," more "improvements" (as culti- 
vation or buildings are termed) "with a view to future settle- 
ment," in this year, "than in any other." Nor were these dis- 
persed parties in so wide a territory, so generally exposed to 
the attacks of the enemy, as the fixed and notorious forts. 



CHAPTER III. 

First visit of Clarke to Kentucky— Visits Harrodstown— Chosen a delegate to the Vir- 
ginia Legislature with Gabriel John Jones — Calls on Governor Henry — Receives 
gunpowder for Kentucky— Procures the creation of Kentucky county— Brings gun- 
IK)wder from Fort Pitt— Conceals it on the hanks of Limestone creek— Blackiiih 
attacks Harrodstown— Singular escape of Ray— Plans approved by Governor and 
Council— Spies in Hlinois— Arrives at the Fafls of Ohio— Eclipse of the Sun— Passes 
the Falls— Reaches Kaskaskia— Surprises the town— Takes Caliokia. 

The year 1775 Mas memorable for the arrival of that most 
daring and sagacious officer, George Rogers Clarke, who was 



36 HISTORY OF KENTUCKY. 

soon destined to intertwine his memory with honors, as lasting 
,as the great country, which he, by his genius, brought under 
the American arms. "The appearance of Clarke," says Mr. 
Marshall, "was well calculated to attract attention; it was 
rendered particularly agreeable by the manliness of his deport- 
ment, the intelligence of his conversation ; but above all, by 
the vivacity and boldness of his spirit for enterprise, and the 
determination he expressed of becoming an inhabitant of the 
country. He fixed on no particular residence, was much in the 
woods; incidentally visiting the forts and ostensible camps; he 
cultivated the acquaintance of the people, and acquired an 
extensive knowledge of the various objects presented to his 
curiosity or to his inspection." 

This distinguished commander, who, amidst deeds of hardi- 
hood and times of most gallant adventure, was by the general 
consent of his compeers, looked up to as their chief, was born 
in the county of Albermarle, in the state of Virginia, in Sep- 
tember, 1753. He, like the great master chief of the revolu- 
tion, engaged in the business of land surveying, under the 
unfortunate Colonel Crawford. There seems a fond alliance 
between this pursuit and many of the attractions of military 
life; free exercise in the open air, and adventurous expo- 
sure, both combine to fasten on a military spirit an attachment 
to this business, in the frontier woods of North America, re- 
quiring, at the times in question, so much fortitude and bravery. 
Little is known of the early years of George Rogers Clarke, 
but the stirring times and the confined opportunities of that 
part of Virginia though now the seat of the literary monument 
which consecrated the last days of the great Jefferson, forbid 
much expectation beyond the elements of his language, and 
those not taught with the utmost precision. He is said to have 
been much devoted to several branches of mathematics and 
was distinguished for his precise and minute knowledge of 
geography. Like many other of the gallant spirits of his time, 
he embarked at the head of a company in Dunmore's war, and 
was engaged in the only active operation of the right wing 
against the Indians. After the suspicious haat^ with which 



HISTOHY OP KENTUCKY. 37 

peace was made by Lord Dunmore, without following up the 
bloody blows of Point Pleasant, he was offered by the Governor, 
a cemmission in the royal service. . This, on consultation with 
his friends, he was induced by the troubled complexion of 
affairs between his native country and Great Britain, to refuse. 
Early in 1775, Clark visited Kentucky as the favorite theatre 
of romantic adventure at that day, he penetrated to Harrod's- 
Town, which after having been abandoned by Colonel Harrod, 
on the late rupture, with the Indians, had been re-possessed by 
him. In this visit, he either had a commission of major, or 
was from his service in Dunmore's war and prominent talents, 
voluntarily placed at the head of the irregular troops, then in 
Kentucky. lie himself only speaks of settling in the fall of 
'77, the accounts of the Kentucky militia which would confirm 
the idea of his previous command, besides being known at that 
time as Major Clark. In the ensuing autumn Clark returned to 
Virginia, and again came back to Kentucky in the spring of '76.* 
He reflected deeply on its value to Virginia as a frontier, as well 
as to the rest of the confederacy. The result of these meditations 
suggested to him, the importance of assembling the people of 
the country at Harrod's Town, as it was then called, to de- 
vise a plan for the public defence. At this time the claim of 
Henderson and Company, acquired under the treaty ofWa- 
taga, in March, '75, with the Cherokees, made a great deal 
of noise, and added no little to the perplexities of the settlers. 



* In regard to this second visit, the autlior cannot resist tlic temptation to narrate an 
anecdote, which he in substance received from the lips of General Ray. It illustrates the 
hardy privations of the times, and the free and generous spirit, in which all the little alle- 
viations of these hardships, were shared with a follow hunter in distress. " I had come 
down" said the General, " to where I now live," (about four miles north of Harrodsburc) 
" to turn some horses out in the ranj^e; I had killed a small blue win? duck, that was feed- 
ins in niy spring, and had roasted it nicely on the brow of the hill, about twenty steps 
cast of my house." After havin"; taken it off to cool, I was much surprised on being sud- 
denly accosted by a fine soldierly looking man. who exclaimed, " How do you do my little 
fellow? What is your name? An't you afraid of being in the woods by yourself?" On 
satisfying his inquiries, I invited the traveller to partake of my duck, which he did with- 
out leaving me a bone to pick, his appetite was so keen; though he should have been wel- 
come to all thegime I could-have killed, said Ray, when I afterwards became acquainted 
with his noble and gallant soul. After satisfying his questions, he inquired of the stranger 
his own name and business in this remote region. My name is Clark, he answered, and 
I have come out to see what you brave fellows are doing in Kentucky, aiid to lend you 
a helping hand if necessary. The General, a hoy of sixteen, then conducted Clarii to 
Harrodstown. where he spent his time making the observations on the condition and 
prospects of the country, natural to his comprehensive mind, and assisting at every op- 
portunity in its defence. 

D 



38 IIISTORT OF KENTTTCEY, 

It became uncertain whether the south side of the Kentucky 
river appertained to Virginia or to North Carolina. These 
difficulties increased the necessity of ascertaining the disposi- 
tion of the former; on the Gth of June, at the suggestion of 
Clark, a general meeting took place in Harrod's Town, at which 
he, and Gabriel John Jones, were chosen members of the 
Assembly of Virginia, This, however, was not the course in- 
tended by Clark ; he wanted the people to choose agents, with 
general powers to negotiate with the Government of Virginia, 
and if abandoned by it, to employ the lands of the countiy, as 
a fund to obtain settlers, and establish an independent State, 
The election had, however, proceeded too far to change its 
object, when Clark, who had been detained, arrived at the 
town; the gentlemen elected, although they were aware the 
choice could give them no seat in the Legiylature, proceeded 
to Williamsburg, at that time the seat of Government. They 
selected the route through the southern wilderness, as it has 
generally been called, lying between the settlements of Ken- 
tucky, and those of Virginia, under most distressing difficulties. 
Independent of losing one of their horses, the extreme wetness 
of the season, and the danger of kindling fires, amidst strag- 
gling parties of Indians, the travelling through the mud, and 
over the mountains, brought on a most painful affliction, called 
by the hunters, the scald feet. In this complaint, the feet 
become useless from excessive tenderness, and the skin decays f 
so that the weight of the body becomes intolerable. While 
suffering in this manner, " more torment than I ever expe- 
rienced*' says Clark, " before, or since," they found the old 
stations near the Cumberland Gap, and Martin's Fort, where 
they fondly hoped to have found reJief, both abandoned by the 
inhabitants owing to fear of the Indians. At the latter place, 
however, the desperate party determined to stay until their feet 
were recovered ; when this was accomplished, they again pros- 
ecuted their journey. On reaching the county of Bottetourt, it 
was found that the legislature had adjourned: upon which, 
Mr. Jones returned to the settlement on Holston, and left Clark 
to attend to the Kentucky mission. He immediately waited or 



HISTORY OP KEXTUCKY. 39 

Crovemor Henry, then lying sick at his residence in Hanover 
county, to whom he opened the objects of his journey; these 
met the cordial approbation of the Governor; in consequence of 
which he gave Clark a suitable letter to the Executive Council 
of the state. An application was then made to the Council, for 
five hundred weight of gunpowder, in order to defend the sta- 
tions in Kentucky. This body, though well disposed to assist 
their countrymen, remote as their situation was, and not yet 
united to Virginia, by any express legislative recognition, 
said, they could only lend the powder to them, as friends in dis- 
tress, but could not give it to them as fellow-citizens. At the 
same time, they required Clark to be answerable for the 
value, in case the legislature should not recognize the Ken- 
tuckians as citizens; and, in the meantime, to bear the ex- 
penses of its conveyance to Kentucky. This, Clark assured 
them was out of his power; he represented to them that the 
British were trying every means, to engage the Indians in the 
war; that the people in the remote and expo^jcd stations of Ken- 
tucky, might be destroyed for want of the supply, which he, a 
private individual, had sought at so much hazard and hardship 
for their relief; that when this frontier was destroyed, the fury 
of the savages would be brought nearer home. The Council 
was still inexorable, the sympathy for the frontier settlers was 
deep, but the assistance already offered, was a stretch of power, 
and the council declared, they could go no farther. The 
order was then issued to the keeper of the public magazine to 
deliver the powder to Clark: he had long reflected on the 
situation and the prospects of the country he had left; his reso- 
lution to reject the assistance on these conditions, was fixed, he 
says, before he left the council chamber, to repair to Ken- 
tucky, and as he had at first proposed, exert the resources of 
the country for the formation of an independent state. He, 
accordingly, returned the order of council in a letter, inform- 
ing them, that he had weighed the matter well, and had found 
it utterly out of his power, to convey military stores to such a 
distance, through an enemy's country; he added, that he was 
mortified to find, that the people of Kentucky must look for 



40 HISTORY OF KENTUCKY. 

assistance elsewhere, than in their native state; which, how- 
ever, he had no doubt they could obtain; that a country which 
was not worth defending, was not worth claiming. The delibe- 
rations of the council on this letter of Clark's, are unknown ; 
l)ut they may easily be conceived from the sagacity and patriot- 
ism, which shone so brilliantly in the government of Virginia, 
at Vvhose head the great Henry then presided. On the receipt 
of this letter, Clark was sent for, and an order of council 
passed on the 23d of August, 1776, for conveying the gunpow- 
der desired, to Pittsburgh, "to be safely kept and delivered to 
Mr. George Rogers Clark, or his order, for the use of the said 
inhabitants of KentucJci.^'* This is the first step in the long and 
affectionate intercourse, which has subsisted between Kentucky 
and her parent commonwealth ; and obvious as the reflection 
is, it may not be omitted, that on the transportation of five hun- 
dred weight of gunpowder, hung the connexion between Vir- 
ginia and the splendid domain, which she afterwards obtained 
on the west of the Al'eghany mountains. To this compromise 
of the council, Clark, influenced by attachment to his native 
state, acceded; and immediately wrote to his friends in Ken- 
tucky of his success, desiring them to transport the powder 
down the Ohio to Kentucky. This letter they never received. 
At the fall session of the legislature of Virginia, Messrs. 
Jones and Clark laid the Kentucky petition before that body : 
they were of course not admitted to legislative seats, though 
late in the session, in despite of the exertions of Colonels Hender- 
son and Campbell, they obtained the erection of the county of 
Kentucky, which then embraced the limits of the present State 
of that name. Thus, our political organization was prin- 
cipally obtained by the generous daring of George Rogers 
Clark, who must be ranked as the earliest founder of the com- 
monwealth. This measure gave it form and pressure, and enti- 
tled it, under the constitution of Virginia, to a representation in 
the legislature, as well as to a judicial and military arrange- 
ment. Clark and his associate having obtained these impor- 
tant benefits for the country, were preparing to come again to 
the interesting colony; when they hoard that the supply of gun- 



HISTORY or KENTUCKY. 41 

powder, obtained with so much painful effort, still lay at Pitts- 
burgh. Jones and himself then determined to return by that 
place, for an article, so precious in the condition of the frontier. 
At Fort Pitt, they found many Indians lurking abo it, apparently 
for the purpose of making treaties; but who, in reality were 
acting as spies upon the movements of our countrymen, whose 
intention to descend the Ohio they seemed to suspect, and 
would apparently interrupt. In this state of things, our party 
resolved to prosecute their voyage without delay, and with no 
more than seven boatmen, with indefatigable exertions, pursued 
the whole way by Indians, they got safe to Limestone creek. 
They went up this small stream with their boat, and hiding 
their cargo in different places in the woods, along its banks, at 
considerable distances apart j they turned their boat adrift, and 
directed their course to Harrod's Town, to procure a sufficient 
escort for the powder. On their way through the woods, the 
party came to a solitary cabin of Hingston's on the west fork 
of Licking creek. While resting here, some men, who had 
been surveying, happened at the same place, and informed 
them, that as yet the Indians had not done much injury; and 
that Colonel John Todd was in the neighborhood with a small 
body of men; that if they could be met with, there would be 
sufficient force to escorfc the powder to its destination. Clark, 
however, with his usual promptitude, after having waited for 
some time, in vain, for Colonel Todd, set off for Harrod's Tovv^n, 
accompanied by two of the men, leaving the residue with Mr. 
Jones, to remain at Hingston's. Soon after Clark had de- 
parted. Colonel Todd arrived; and upon being informed of the 
military stores left at the river, thinking his force was now suf- 
ficient to effect their removal, he marched with ten men for this 
purpose. When they had reached the country about the Blue 
Licks, they met on the 25th of September, with an Indian party, 
which were following the trail of Clark and his companions; 
they attacked the whites with such vigor, as to rout them en- 
tirely, having killed Jones, and some others, and took some 
prisoners. Fortunately for Kentucky, the prisoners proved 
true to their countrymen, and preserved the secret of the stores 

D* 



42 HISTORY OF KENTUCKY. 

inviolate, while the party detached from Harrod's Town, brought 
them safely to their over-joyed friends. On the 29th of Decem- 
ber, a large body of Indians attacked M'CIellan's fort, on Elk- 
horn, killed M'Clellan, his wife, and two others, which drove 
the residue of the people to Harrod's Town. This necessa- 
rily produced great alarm; it was soon much increased by 
an attack of the Indians upon James Ray, his brother, and 
another man, who were clearing some land about four miles 
from Harrod's Town, at the present residence of this venerable 
and distinguished pioneer. The hostile party consisting of 
forty-seven warriors under command of Blackfish, a celebrated 
chief, attracted by the noise of the axes, rushed upon the little 
party of choppers, killed the younger Ray, and took the third 
man prisoner. The elder Ray escaped by his uncommon swift- 
ness of foot. So remarkable was this young woodsman for his 
running, that Blackfish mentioned to Boone the next year, 
when he took the latter prisoner at the Blue Licks, that some 
boy at Harrod's Town had outrun all his warriors. 

Fortunate it was for the infant fort, that Ray possessed such 
nimbleness of foot; for without his escape, the station might 
have been surprised in the same manner, in which the party 
had, at the Shawnee springs. By his information every thing 
was done to strengthen the fort, and prepare for the expected 
storm. On the next morning, the Indians with the precaution 
usual to them not to prosecute an expedition, immediately after 
any circumstance has happened, calculated to put an enemy 
on his guard; did not appear before the fort, until the next 
morning, on the 7th of March, 1777. The militia had been 
organized but two days before. The Indians began their attack 
by setting fire to an out cabin on the east side of the town; this, 
the men not believing to be the act of the enemy, rushed out 
of the fort to extinguish. The attempt was now made to inter- 
cept their return; our people retreated until they got to a piece 
of woods, which then covered the hill, now occupied by the 
court-house in Harrodsburg, where each took to a tree, or treed, 
as it was termed in the language of the times. In this conflict, 
one Indian was killed, and four of the whites were wounded, 



IIISTOBY or KENTTJCKY. 43 

one of whom died; they made good their retreat to the fort, and 
the Indians soon afterwards withdrew. During the year 1777, 
they collected in great numbers round this devoted place, so as , 
to prevent any corn from being raised about the town. In this j 
period of danger and scarcity, Ray but seventeen years old, 
used to rise before day, and with one old horse, the only one 
left by the Indians of forty head brought to Kentucky by his 
father-in-law, Major McGary, proceeded as cautiously as possi- 
ble to Salt river; and riding in the water, as well as in the bed 
of some stream, on leaving the river, in order to conceal his 
route. When sufficiently out of hearing, he would kill his load 
of meat; this he would bring to the suffering garrison by night 
fall : while elder hunters, stimulated by these boyish exploits, 
attempting the same enterprise, were killed by the Indians. 

In the course of this summer, one McConnel was trying his 
gun near the fort at a mark, in company with Ray, when the 
former was suddenly shot dead. His companion following the 
direction of the shot, perceived the enemy; but while he was 
attempting to revenge the death of his friend, he found himself 
suddenly attacked by a large body of Indians, who had crept up 
unseen. For one hundred and fifty yards, Ray was exposed 
to their fire in making his retreat, which he accomplished with 
his usual speed. But when he approached the fort of Harrods- 
burg, the people did not dare to open the gate for his admission. 
In this most critical situation, pursued by a band of savages, 
and refused shelter by his friends, Ray, had no other alter- 
native, than to throw himself flat on the ground behind a stump, 
which was just large enough to protect his body. He lay in this 
situation for four hours, under the fire of the Indians, whose 
balls would every now and then throw up the ground upon him. 
Here he lay within seven steps of the fort wall, and his mother 
within sight of her son, in this perilous condition; still the 
enemy did not venture to come within fire from the fort. It 
was now that Ray, on the suggestion of the moment, hollow- 
ed out, " for God's sake dig a hole under the cabin wall, and 
take me in."" Strange as the expedient was, it was immediately 
adopted, and the young hunter was introduced in this strange 



44 HISTORY OF KENTUCKY. 

way; though not quite like the Grecians of old, once more io 
the friends, who so much depended on his arm, and by whom 
he was so much beloved. 

During the fall of this year, in order to make up the deficiency 
arising from having raised no corn, the people of the fort de- 
termined to make a turnip patch, about two hundred yards 
northwest of the station; while clearing the ground, an Indian 
was shot at by the guard and the men retired. The next day 
the cattle were perceived to be disturbed, and snuffing the air 
about a small field in the furthest corner, that had been allowed 
to grow up in very high weeds. The presence of the ene- 
my was instantly suspected; and that they were concealed 
there; so sure were the cattle to betray the neighborhood of 
Indians by their uneasiness, produced either at their sight, or 
by the smell of the Indian paint. Yet it was never known to 
be manifested at the sight of white men; although the latter 
might be exposed to all the same occasions of peculiar odour, 
contracted by killing the game, cooking and sleeping in the 
woods. This indication prompted Major George Rogers Clark, 
to turn the ambuscade upon the enemy. For this purpose some 
men were still kept in the turnip patch, nearest to the fort, 
working, and occasionally hollowing to their companions to 
come out to their work; while a party of men under Clark 
went back of the field, where they came upon the rear of the 
Indians lying concealed in the weeds. Four of the Indians 
were killed ; one by Clark, another by Ray ; the first he ever 
despatched. The white party then pursued the Indians until 
they came to the remains of a large Indian encampment, now 
deserted. Here they found within four hundred yards of the 
fort, down the creek, two rows of camp wilh poles between for 
slinging their kettles, that might have accommodated five or 
six hundred Indians. From this camp the enemy had issued dur- 
ing the preceding summer to assail the stations, which they had 
done to their great discomfiture, and the destruction of their horses 
and cattle : the enemy had now abandoned their position, and the 
party which had just been pursued, was the last remnant of 
this great Indian force. It was on account of this action, Major 



HISTORY OF KEZ^TUCKY. 45 



Clark complimented General Ray with the gun of the Indian, 
the first ever killed by him; a compliment from such a source^ 
well worthy of recollection in the life of any man ; the rest of 
the Indian property discovered in the camp, was, as usual, divi- 
ded by lottery among the captors. 

Hitherto the war in Kentucky had been carried on by the 
perseverance and the gallantry of the backwoodsmen them- 
selves, with little assistance from the power of Virginia, ex- 
cepting that which was procured by the devotion of Messrs. 
Clark and Jones. The tremendous struggle of the Revolu- 
tion, involving every thing dear to a free and generous people, 
demanded all the energies of the commonwealth. The state 
had not disposable means to act on so remote a frontier; nor 
does the government of Virginia appear to have been dis- 
tinctly aware, of the important diversion of the Indian force, 
which might be effected by supporting the exertions of Kentucky. 
As little did she perceive the rich acquisitions offered to her mili- 
tary ambition in the British posts in the western country. Yet 
every Indian engaged on the frontier of the Kentucky, was saved 
to the nearer frontier of the parent state. These combined 
views acquired greater weight with the progress of the Revo- 
lution, and the increasing population of Kentucky; they were 
particularly aided by the ardent and impressive representations 
of Major Clark. He had witnessed the rise and growth of 
this section of the country from its earliest buddings ; he had 
penetrated its condition and its relations with the instinctive 
genius, v/hich stamped him the most consummate of the wes- 
tern commanders. He had seen at a glance, that the sources 
of the Indian devastations were to be found in the British 
possessions of Detroit, St. Vincents, and Kaskaskia. The heart 
rending ravages spread by the barbarians of the western hemi- 
sphere, and which have again been so recently displayed in our 
own times, were stimulated by the ammunition, arms, and cloth- 
ing, supplied at these military stations. If they could be taken, 
the streams of hostility which had overflown Kentucky with hor- 
rors, would be dried up, and a counter influence established 
over the savages. Under the influence of these views, the Go- 



46 HISTORY OP KE^JTUCKY. 

vernor and council of Virginia, in the year 1778, took into 
consideration the policy of an expedition, against the strong 
holds of her foes ; though situated many hundreds of miles from 
the main seat of her population and resources. This expedition 
must be mainly attributed to the genius of Clark, who had fore^ 
seen its necessity during his visits to Kentucky. So strongly 
was he impressed with the importance of this movement, that 
in the summer of '77, he had despatched two spies of the names 
of Moore and Dunn, to reconnoiter the situation of these remote 
parts of the enemy. These emissaries reported great activity 
on the part of the militia, as well as the most extended encour- 
agement to the Indians in their barbarous depredations upon 
the Kentucky frontier; yet, notwithstanding the enemy had 
essayed every art of misrepresentation to prejudice the French 
inhabitants against the Virginians, by telling them that these 
frontier people were more shocking barbarians than the savages 
themselves, still the spies reported strong traces of affection 
for the Americans, among some of the inhabitants. Not that 
the spies, or any body else, were acquainted with the contem- 
plated expedition, till it was ripe to be laid before the Governor 
and council of Virginia. To this body he determined to sub» 
mit the matter; when, on the 1st of October, 1777, he left Ken- 
tucky. At this time he says, " every eye was turned towards 
me, as if expecting some stroke in their favor; some doubted 
my return, expecting I would join the army in Virginia. I left 
them with reluctance, promising them I would certainly return 
to their assistance, which I had predetermined." He remained 
a considerable time at Williamsburg, settling the accounts of 
the Kentucky militia, and, as he says, " making remarks on 
every thing I saw or heard, that could lead me to a knowledge 
of the disposition of those in power." During this time the 
genius of the Republic had achieved the victory of Saratoga, 
and the spell of British regulars, like that of British sailors 
and ships in more recent times, was broken. The spirits of 
Virginia may well be supposed to have partaken of the general 
triumph, and on the 10th of December, Clark opened the plan 
of the Illinois campaign to Governor Henry. At first the Go- 



HISTORY OF KENTUCKY. 47 

vernor was captivated by the brilliant prospect of striking such 
n fatal blow against the enemy, and in the heart of their savage 
allies; yet a detachment on so distant a service, appeared 
hazardous and daring to an alarming degree; particularly as 
the secrecy indispensable to success, forbade the communica- 
tion of the plan to the legislature. The Governor held several 
private conferences on this interesting measure, with several 
gentlemen of high character, who inquired minutely into Clark's 
plans, and particularly into his proposition, in case of repulse, 
(which seems to have been quite expected) to retreat to the 
Spanish possessions on the west side of the Mississippi. The 
result of these deliberations was, a full approbation of the 
scheme, and in order to encourage the men, these ^patriotic 
gentlemen, like worthy sons of Old Virginia, pledged them- 
selves by an instrument of writing; in case of success, to exert 
their influence to obtain from the Legislature, a bounty of three 
hundred acres of land for every person in the expedition. The 
executive and his council, now entered so warmly into the 
scheme, that every thing was expedited with "very little trou- 
ble" to Clark. So that, on the 2d of January, 1778, he received 
two sets of instructions; one public, directing him to proceed 
to Kentucky for its defence ; and the other secret, ordering an 
attack on the British post at " KaskaskV The humane and 
generous spirit in which these instructions of the immortal 
Henry were penned, will ever reflect honor, amidst the provo- 
cations of a relentless enemy, on the early councils of Virginia. 
They form a monument of durable glory in the Revolutionary 
annals of our parent state. Twelve hundred pounds (in depre- 
ciated paper it is presumed) were advanced to Colonel Clark, 
with suitable orders on the Virginia oflicer at Fort Pitt for am- 
munition, boats, and all other necessary equipment. Major 
William B. Smith was despatched to the-settlementon Holston, 
to recruit; as well as Captains Leonard Helm, of Fauquier, 
Joseph Bowman, of Frederick, William Harrod, and several 
others, in other quarters. It was desired by the government, 

* Georjje Wvtlic, Georse Mnson, and Thomas Jefferson, In their letter to George Ro- 
gers Clark, Eeq., January 3, 1778. 



48 HISTORY OP KENTUCKY. 

that the troops should be raised west of the Blue Ridge, so as 
not to weaken the Atlantic defence. On the 4th of February, 
Colonel Clark set off, " clothed with all the authority" he says, 
" I could wish." At Fort Pitt, he met with some difficulties aris? 
ing from the disputed dominion, which then agitated the friends 
of Pennsylvania and Virginia; many thought the detachment of 
troops to Kentucky, was a wanton dispersion and division of 
strength. The secrecy of his real destination, and the ostensi- 
ble one of Kentucky, led many to declare it better to remove 
the Kentuckians, than weaken the country by undertaking their 
defence. Little did these objectors know the innate vigor, the 
indomitable energy of the backwoodsmen of Kentucky, and of 
the west, when they talked of removing them like so many 
chattels. At this very time, Clark received letters from Ken- 
tucky, informing him of their increased strength since he had 
left them; and from Major Smith, that he had raised four com- 
panies for the expedition, among the people of the Holston set- 
tlements. This intelligence, together with the knowledge that 
Captains Helm and Bowman's companies would join him at 
Redstone, the present Brownsville, on the Monongahela, renderr 
ed Colonel Clark less strenuous in urging his levies about Pitts- 
burgh. It was late in the season before he could depart with 
three companies, and " a considerable number of families and 
private adventurers." The voyage was prosecuted as it re- 
quired to be, with great caution ; at the mouth of the Great Ken- 
hawa, Colonel Clark was pressed by a Captain Arbuckle, com- 
manding the fort at that point, to join him in pursuit of a party of 
two hundred and fifty Indians, who had attacked him the day be- 
fore ; and had now directed their course against the settlements on 
Greenbrier river. The temptation of success was great, but 
the importance of his own expedition was greater, and fortu- 
nately for his country, Clark knew his duty too well, and dis- 
charged it too faithfully, to be diverted from his purpose. He 
continued his course to the mouth of the Kentucky river; here, 
he landed, and for some time thought of fortifying a post at this 
place; but looking to his more western destination, very judi- 
ciously abandoned his intention for a more desirable position at 



HISTORY OF KENTUCKY. 49 

the Falls: where the craft of the river trade would be compelled 
to stop, in order to prepare for the passage of the Rapids, and 
which, without fortification, would be much exposed to the 
hostilities of the Indians. At the former place, Clark had the 
mortification to hear, that the company of Captain Dillard was 
the only one of Major Smith's men, who had arrived in Ken- 
tucky. He immediately wrote to Colonel Bowman, informing 
him of his intention to fix a post at the Falls; and that havino- 
an object in view of the greatest importance to the country, he 
desired Bowman to meet him at that place, with all the men re- 
cruited by Smith, and as many others, as could be spared from 
the interior stations. The detachment proceeded to the Falls 
where he selected and fortified Corn Island, opposite to Louis- 
ville. On the arrival of Colonel Bowman's party, the forces 
of the country were found too weak, to justify taking manv 
from Kentucky; Clark, therefore, engaged but one company, 
and part of another, from this quarter, expecting them to be re- 
placed by the troops of Major Smith. Here Clark disclosed to 
the troops his real destination to Kaskaskia ; and honorably to 
the gallant feelings of the times, the plan was ardently concur- 
red in by all the detachment, except the company of Captain 
Dillard. The boats were, therefore, ordered to be well secured 
and sentries were placed where it was supposed, the men might 
wade across the river to the Kentucky shore. This was the 
day before Clark intended to start; but a little before liffht the 
greater part of Captain Dillard's company with a Lieutenant 
whose name is generously spared by Colonel Clark, passed the 
sentinels unperceived, and got to the opposite bank. The dis 
appointment was cruel, its consequences alarming; Clark im- 
mediately mounted a party on the horses of the Harrodsburg 
gentlemen, and *ent after the deserters with orders to kill all 
who resisted ; the pursuers overtook the fugitives about twenty 
miles in advance; these soon scattered through the woods, and 
excepting seven or eight, who were brought back, suffered most 
severely every species of distress. The people of Harrod's 
Town felt the baseness of the Lieutenant's conduct so keenly, 
and resented it with such indignation, that they would not for 

E 



50 HISTORY OF KEXTUCKT. 

some time, let him or his companions, into the fort. On the 
return of this detachment from the pursuit, a day of rejoicing 
was spent between the troops about to descend the river, and 
those who were to return on a service, little inferior in danger 
and privation, the defence of the interior stations. The next 
day,* when the sun was in a total eclipse, the boats passed the 
Falls. This circumstance divided the men in their prognosti- 
cations, but not quite with the terror and alarm we read of in 
ancient armies. All the baggage beyond what was necessary to 
equip the party in the barest Indian manner, was left behind, 
as the commander had determined, in order to mask his opera- 
tions, to march to Kaskaskia by landj from the nearest point on 
the Ohio. Colonel Clark for some time meditated a blow against 
St. Vincents, but on reviewing his little body, consisting after a 
ricfid selection of but four companies, under Captains Jo. Mont- 
gomery, L. Helm, Joseph Bowman, and William Harrod; he 
determined to prosecute the original object of his expedition. 
The facility of retreat to the Spanish possessions, as well as 
the more dispersed state of the French settlements in the Illi- 
nois, as it was called, seem to have had great weight in this 
selection. To this was added, a hope, that he might attach the 
French to the American interest, whose influence over the In- 
dians throughout these extensive territories, was strengthened 
by time, and maintained by a tact and versatility, which have 
been undiminished for two centuries. To this day our inter- 
preters, our spies, and some of the subordinate agents, are 
Frenchmen. Spaniards have always been much despised, and 
are so at this day on the Mexican frontier; the English are not 
much regarded, our own countrymen are dreaded, but the 
French are beloved. On the passage down the river, Colonel 
Clark most fortunately received a letter fnnn Colonel John 
Campbell, of Fort Pitt, informing him of the French alliance, a 
circumstance, as subsequent events shewed, of the utmost mo- 
ment to the American arms. At the mouth of Tennessee, the 
party landed on an island, which is called jBaritaria, in the 

» This must, by the catalogue of eclipses, have happened on the 34th of Juno, 1778, 
when there was a solar eclipse. Sec Ferguson's Tables. 

I Possibly a mistake from the obscurity of the manuscript. 



HISTORY OF KENTUCKY. 51 

memoirs of Clark; a few hours after his arrival, a person of 
the name of John Duff, and a party of hunters, were stopped 
by the guard. These persons, though originally from the Ameri- 
can settlements, had recently come from Kaskaskia, and com- 
municated the most important intelligence: from them it was 
learned, that M. Rocheblavc commanded at Kaskaskia; that 
the militia were kept in good order; spies were stationed on the 
Mississippi ; and all Indians and hunters ordered to keep a sharp 
look out for the rebel Virginians. The fort, which commanded 
the town, was kept in good order, as a place of retreat ; but with- 
out a regular garrison, and the military defence was attended 
to, as a matter of parade, rather than from any expectation of its 
necessity to guard against an attack. If this should be antici- 
pated, the force of the place, they said, was capable of giving 
the Americans a warm reception ; the inhabitants were led by 
the British to entertain the most horrid apprehensions of our 
countrymen, as more barbarous, and more to be dreaded, than 
the Indians themselves. But if we could surprise the place, 
these hunters thought, there would be no doubt of our capturing 
it; they offered their services to effect this result, and solicited 
to be employed. This offer was readily accepted, and the 
whole meeting proved, a most.essential service, in the absence 
of all intelligence from the enemy's country, since the return 
of the spies employed by Clark in the previous year. One 
portion of their information particularly pleased him, and which 
he determined to employ to promote his purposes ; it was the 
dread and horror in which our countrymen were held by tlie 
inhabitants. In consequence of this sentiment, he thought the 
more violent the shock might be, which his arrival should pro- 
duce, the stronger would be their sensibility to his lenity, so 
little to be expected from the barbarians they were represented. 
In fact. Colonel Clark determined to enlist this national appre- 
hension in his service, and employ it as an auxiliary to his di- 
minutive forces. 

Every thing being ready for the march, the boats dropped 
down a short distance above Fort Massac, (contracted from 
Massacre) where they were concealed; and the party marchod 



52 HISTORY OF KENTUCKY, 

with their commander at their head, sharing in every respect 
the condition of his men, in a northwest direction, through th© 
present State of Illinois, for the ancient French village ofKas- 
kaskia. This march was attended by little that was unusual in 
these times of privation, beyond the ordinary sufferings of such 
expeditions through the forests. Game and water were, how- 
ever, scarce ; but on the third day, John Saunders, the principal 
guide, got so bewildered, that he had forgotten all the features 
of the country. This excited immediate suspicion, and a gene* 
ral cry arose among the men, to put the traitor to death; he 
solicited permission of his Colonel to go into a prairie, which, 
was full in view, to try and recover himself. His application 
was granted ; but some men were sent with him to prevent hia 
escape, and he was sternly told, that if he did not conduct the 
detachment into the hunters' ready which lead into Kaskaskia^ 
from the east, and which he had frequently described and tra- 
velled, leading through a country not easily forgotten by a 
woodsman ; he should surely be hung. After an hour or two 
spent in examining the neighborhood, the poor fellow discover- 
ed a spot which he perfectly recollected, and his innocence was 
established. On the evening of the 4th of July, 1778^ the ex-^ 
pedition reached within a few niiles of the town, where it lay 
until dark, when the march was continued ; a house was then 
taken posses£-ion of, about three quarters of a mile above the 
town, which lay on the opposite, or westerly side of the Kas- 
kaskia river. Here it was learned, that the militia had a few 
days before been under arms; but no cause of real alarm hav~ 
ing been discovered, at that time, every thing was quiet; that 
there was a " great number of men in the town ; the Indians 
had, however, mostly gone." A sufficient quantity of boats for 
transportation of the troops was soon procured ; two divisions of 
the party crossed the river, with orders to repair to different 
pats of the town ; while Colonel Clark, with the third division^ 
took possession of the fort (afterwards called Fort Clark) on 
this side of the river, in point blank shot of the town. Should 
this detachment meet with no resistance, upon a signal given> 
the other two parties were directed, to possess with a shout. 



litSTOHY OP KENTt^CKY. 6SJ 

certain quai'ters of the town ; and to send persons who could 
speak French, through the streets to give the inhabitants notice, 
" that every man of the enemy, who should appear in them, 
would be shot down.'^ These dispositions had the most com- 
plete success; the fort was taken; Clark entered it by *"a 
postern gate left open on the river side of the fortification*' 
which was " shewn by a hunting soldier, who had been taken 
prisoner the evening before." The town of about two hundred 
and fifty houses was surrounded, every avenue guarded to pre- 
vent communication of intelligence, and " in about two hours 
the inhabitants were disarmed," without one drop of bloodshed. 
During the night, our men were ordered to patrol the town with 
the utmost tumult and whooping, after the Indian fashion, while 
the inhabitants preserved the most profound silence. The arti- 
fice, however painful and alarming to their feelings, was, at 
least, one of the most innocent stratagems of war. M. Roche, 
blave, or Rocheblawe, as Mr. Jefferson has it, the British Go- 
vernor was taken in his chamber; but very few of his public 
papers could be secured, as they were secreted or destroyed, it 
wa5 supposed by his wife. This lady is represented as pre- 
suming a good deal on the gallantry of our countrymen, by im- 
posing upon their delicacy towards herself, for the purpose of 
screening the public property and papers, from the hands of the 
Americans. But better, ten thousand times better were it so, 
than, that the ancient fame of the sons of Virginia, should have 
been tarnished by — insult to a female. Although it was sus- 
pected that many important papers might be concealed, in the 
trunks of the Governor's lady; they were, however, honorably 
respected, and not examined. During the night several persons 
were sent for to obtain intelligence, but little information could 
be procured, beyond what had been already received, except 
that a considerable body of Indians lay at this time in the neigh- 
borhood of Cahokia, about sixty miles higher up the Mississippi ; 
and that M. Cere, (the father of the present Madame Augustc 

♦ Judffc David Todd, of Missonri, obligingly communicated this circumstance, from tbc 
papers of the late General Levi Todd, who acted as aid to Colonel Clark. Our country- 
nien were called Bostoni, by the French at this time. 



54 HISTORY OF KENTUCKY, 

Chouteau,) of St. Louis, the principal merchant of Kaskaskia, 
was, at that time, cne of the most inveterate enemies of the 
Americans. This gentleman had left the town before Clark 
had captured it, and was now at St. Louis, on his way to Quebec, 
whence he had lately returned, in the prosecution of extensive 
commercial operations : his family, and an extensive assortment 
of merchandise,, were in Kaskaskia. By means of these pledges 
in his power, Colonel Clark thought to operate upon M. Cere, 
whose influence was of the utmost consequence in the condition 
of the American interest, if it could be brought to be exerted 
in its favor. With the view of gaining this gentleman, a guard 
was immediately placed round his house, and seals placed on 
his property, as well as on all the other merchandise in the 
place. On the fifth, the troops were withdrawn from the town 
to different positions around it; during these movements, as all 
intercourse with the soldiers had been forbidden under heavy 
punishment, and even those who were sent for by Clark, had 
also been ordered to have no communication with the rest; dis- 
trust and terror overspread the town. In possession of an ene- 
my, of whom the inhabitants entertained the most horrid appre- 
hensions, and all intercourse either with one another, or with 
their conquerors sternly prohibited, the anticipations of the in- 
habitants might well be gloomy. In this state of things, after the 
removal of the troops, the people were permitted to walk about 
freely; when finding they were busy in conversation with one 
another, a few of the principal militia officers were apprehended 
by orders of Clark, and put in irons without assigning any rea- 
son, or suffering any defence. This immediately produced 
general consternation, and the worst consequences were ex- 
pected from the enemy, whom their suspicions had invested 
with such terrors. Yet these measures were taken from no 
wanton cruelty, for of all men, Colonel Clark enjoyed the mild- 
est and most affectionate disposition, and he severely felt, as he 
says, every hardship, he believed himself compelled to inflict. 
After some time, M. Gibault, the priest of the village, got per- 
mission with five or six elderly gentlemen, to wait on Colonel 
Clark. Shocked as the ckizens had been by the sudden cap-- 



IlISTOUY OF KENTUCKY. 55 

ture of their town, and by such an enemy as their imaginations 
had painted, this party were still more evidently shocked when 
they entered Clark's quarters, at the appearance of him and his 
officers. Their clothes dirty and torn by the briars, their others 
left at the river, the appearance of the chiefs of this little band, 
was indeed frightful and savage, as Clark himself admits, to any 
eyes. How much more so to this deputation, may be easily 
conceived by those, who are acquainted with the refinement 
and delicacy of the ancient French. It was some time after 
entering the room where Clark and his officers were seated, be- 
fore they could speak ; and not then, until their business was 
demanded; they asked, which was the commander; so effec- 
tually had this backwoods expedition confounded the differ- 
ences of rank. The priest then said, that the inhabitants ex- 
pected to be separated, perhaps never to meet again; and they 
begged through him, to be permitted to assemble in the church, 
to take leave of each other. Clark, aware they suspected their 
very religion to be obnoxious to our people, carelessly told him, 
tliat he had nothing to say against his church, it was a matter 
Americans left for every man to settle with his God ; that the 
people might assemble at church if they would ; but at the same 
time if they did, they must not venture out of town. Some fur- 
tlier conversation was attempted on the part of the Kaskaskia 
gentlemen, but it was repelled by saying there was no longer 
leisure for further intercourse, in order that the alarm might be 
raised to its utmost height. The whole town assembled at the 
church, even the houses were deserted by all who could leav.e 
them. Orders were honorably given to prevent any soldiers 
from entering the vacant buildings; the people remained in the 
church for a considerable time, after which, the priest accom- 
panied by several gentlemen, waited on Colonel Clark, and ex- 
pressed in the name of the village, " their thanks for the indul- 
gence they had received." The deputation then begged leave, 
at the request of the inhabitants, to address their conqueror on 
a subject, which was dearer to them, than any other; they were 
sensible, they said, " that their present situation was the fate of 
war, and they could submit to the loss of their property; but 



56 HISTORY OP KENTUCKY^ 

they solicited, that they might not be separated from their wives 
and children ; and that some clothes and provisions might be 
allowed for their further support." These gentlemen assured 
Colonel Clark that their conduct had been influenced by their 
commandants, whom they considered themselves bound to obey; 
nor were they sure, that they understood the nature vi the con^ 
test between Great Britain and the United States ; as the oppor- 
tunities of this remote region, were very unfavorable to accu- 
rate information. Indeed many of the inhabitants had fre- 
quently expressed themselves in favor of the Americans, as 
much as they durst. The utmost hope of this close repetition of 
tlie case of the citizens of Calais, with ropes about their necks, 
at the mercy of the third Edward of England was, for favor to 
their wives and children. In this distress of the villagers, 
Clark, who had now wound up their terrors to the desired 
height, resolved to try the force, which the lenity his whole 
heart had all along intended to grant, might receive from 
the sudden contrast of feelings. For this purpose, he abruptly 
asked these gentlemen, " do you mistake us for savages? I am 
almost certain you do, from your language. Do you think that 
Americans intend to strip women and children, or take the 
bread out of their mouths?" "My countrymen," said Clark, 
disdain to make war upon helpless innocence; it was to prevent 
the horrors of Indian butchery upon our own wives and chil- 
dren, that we have taken arms and penetrated into this remote 
strong hold of British and Indian barbarity; and not the despi- 
cable prospect of plunder. That now the King of France had 
united his powerful arms with those of America, the war would 
not, in all probability, continue long; but the inhabitants of 
Kaskaskia were at liberty to take which side they pleased, with- 
out the least danger to either their property or families. Nor 
would their religion be any source of disagreement; as all reli- 
gions were regarded with equal respect in the eye of the Ameri- 
can law, and that any insult which should be offered it, would 
be immediately punished. And now, to prove my sincerityy 
you will please inform your fellow-citizens, that they are quite 
at liberty to conduct themselves as usual, without the least ap-- 



III9T0RV OF KENTUCKY. 57 

prehension; I am now convinced from what I have learned 
since my arrival among you, that you have been misinformed 
and prejudiced against us by British officers; and your friends 
who are in confinement shall immediately be released." Tho 
agitation and joy of the village seniors, upon hearing this speech 
of Clark, may well be conceived ; they attempted some apology 
for the implied imputation of barbarians, under the belief, that 
the property of a captured town belonged to the conquerors; 
Clark gently dispensed with this explanation, and desired them 
to relieve the anxieties of the inhabitants immediately, re- 
quiring them to comply strictly with the terms of a proclama- 
tion> which he would shortly publish. The contrast of feeling 
among the people upon learning these generous and magnani- 
mous intentions of their conquerors, verified the sagacious an- 
ticipations of Colonel Clark. In a few moments the mortal de- 
jection of the village, was converted into the most extravagant 
joy; the bells were set a ringing, and the church was crowded 
■with the people, offering up thanks to Almighty God for their 
deliverance from the horrors they had so fearfully expected. 
Perfect freedom was now given to the inhabitants to go or come 
as they pleased; so confident were our countrymen, that what- 
ever report might be made, would be to the credit and success 
of the American arms. Some uneasiness was still felt respect- 
ing Cahokia, whose capture, Colonel Clark determined to at- 
tempt, and gain in the same way, if possible, as he had taken 
Kaskaskia. For this purpose. Major Bowman was ordered to 
mount his company on horses, with part of another, proceed to 
Cahokia, and take possession of the village for the state of Vir. 
ginia. Upon this intention being known, several of the Kas- 
kaskia gentlemen very handsomely offered their services to 
join our men, and cflTect any thing Colonel Clark desired. They 
assured him, that the people of Cahokia were their relations 
and friends; and they entertained no doubt of prevailing upon 
tliem to unite in the same political attachments, so soon as the 
circumstances in which they were placed, should be fully ex- 
plained to them. This offer Clark readily embraced; it indeed 
very fortunately presented itself, in the weakness of his small 



58 HISTOHY OF KENTUCKY. 

corps; and a detachment, little inferior in strength to that which 
had invaded the country, departed for this new conquest; if 
such acquisitions hy miitual consent, can well be called so. The 
French party were commanded by their former militia officers, 
and all set off in high spirits at this new mark of confidence 
under the free government of Virginia. On the 6th of July, the 
expedition reached its destination before it was discovered by 
the inhabitants; their surprise, as might well be expected, was 
great, at this visit in hostile attitude. The cry of the Big Knife 
(the formidable appellation of the Virginians at that time) being 
in town, spread dreadful alarm among the helpless partoftlie 
little community; this, however, was soon allayed, when the 
gentlemen from Kaskaskia had an opportunity of narrating 
what had taken place at their own village, and the conduct of 
the Americans. The alarm of the people was soon convert- 
ed into huzzas for freedom and the Americans; and Major 
Bowman took possession of the British fort of Cahokia. The 
inhabitants in a few days took the oath of allegiance, and every 
thing promised the utmost harmony. This visit of our country- 
men soon dispersed a body of Indians, who were encamped in 
the neighborhood of Cahokia, at that time, a place of considera- 
ble trade. 



CHAPTER IV. 



Plan against St. Vincents— Thanks of Virginia — St. Vinronts revolts from the British — 
M. Girault — Illinois county — Negotiations with New Orleans— Indian negotiations. 

But though Colonel Clark had met with a success so much 
beyond his means, and almost beyond his expectations; although 
tlie country was entirely subjected, and even attached, to the 
American government, yet his uneasiness was great. He was 
fully aware of the critical delicacy of his situation, and the ne- 
cessity of exerting all the address he was master of, to main- 
tain his position with service to his country, and honor to him- 
self. A close understanding was cultivated with the Spanish 



HISTORY OF KE^TTUCKY. 59 

officers on the opposite side of the Mississippi; as every influ- 
ence was required to counteract the extended agency and con- 
trol of the British; who had distributed the bloody belt and 
hatchet from Lake Superior to Detroit, and the Mississippi. In 
this long chain of intrigue with the Indians, post St. Vincents 
formed an important link ; not only from the warlike character 
of the adjacent tribes, but from their contiguity to Kaskaskia, 
and the settlements of Kentucky. Yet it was utterly beyond the 
force at the command of Clark, " joined by every man in Ken- 
tucky ;" he, therefore, resorted to other means. The American 
soldiers were instructed to speak of the Falls of Ohio, as the 
head quarters of the army, from which the present troops were 
only a detachment; that reinforcements were daily expected 
from that point, which was fortifying, and that when they arrived, 
more extensive military movements would take place. Some 
such artifice was necessary to excuse the apparent rashness of 
invading the Illinois, with so small a force. Courts of civil ju- 
risdiction were likewise established by Clark, which were held 
by French judges, freely chosen by the people, leaving an ap- 
peal to Clark. About this time, M. Cere, who was mentioned 
before, uneasy that his family at Kaskaskia should be the only 
one placed under a guard, and fearful of venturing into the 
power of the American officer without a safe conduct; procured 
the recommendation of the Spanish Governor at St. Louis, as 
well as the commandant at St. Genevieve, supported by the in- 
fluence of the greater part of the citizens, for the purpose of ob- 
taining this security. It was all in vain; Colonel Clark peremp- 
torily refused it; and intimated, that he wished to hear no more 
such applications; that he understood M. Cere was " a sensible 
man," and if he was innocent of the charge of inciting the In- 
dians against the Americans, he need not be afraid of deliver- 
ing himself up. This backwardness would only increase the 
suspicion against him. Shortly after this expression of Clark's 
sentiments, M. Cere to whom they were no doubt communicated, 
repaired to Kaskaskia, and without visiting his family, imme- 
diately waited on Colonel Clark; who informed him that the 
crime with which he stood charged was, epcouraging the In- 



60 HISTORY OF KENTUCKY. 

dians in their murders and devastations on our own frontiers. 
An enormity, whose perpetrators, continued the American 
commander, it behooved every civilized people to punish, 
whenever they got such violators of the laws of honorable war- 
fare within their power. To this accusation, M. Cere frankly 
replied; that he was a mere merchant, and had never been con- 
cerned in affairs of state beyond what the interests of his busi- 
ness required; moreover, his remote position had prevented 
him from understanding the merits of the war, now raging be- 
tween the United States and Great Britain. He defied, he said, 
any man to prove, that he had encouraged the Indian barbari- 
ties ; while many could be produced, who had heard him express 
his disapprobation of all such cruelties; though, at the same 
time, it was necessary to inform Colonel Clark, that there were 
numbers indebted to him, who might, by his ruin, seek to dis- 
charge their pecuniary obligations to him. In fine, this emi- 
nent French merchant declared his willingness to support the 
strictest inquiry into the only heinous charge against him. 
This was every thing the American officer required; he desired 
M. Cere to retire into another room, while he sent for his accu- 
sers; they immediately attended, followed by the greater part 
of the inhabitants. M. Cere was summoned to confront them, the 
former immediately shewed their confusion at his appearance; 
the parties were told by Colonel Clark, that he had no disposition 
to condemn any man unheard ; that M. Cere was now present, 
and he (Clark) was ready to do justice to the civilized world by 
punishing him if guilty of inciting the Indians to commit their 
enormities on helpless women and children. The accusers be- 
gan to whisper to one another and retire : until but one was 
left of six or seven at first; this person was asked for his proof, 
but he had none to produce, and M. Cere was honorably ac- 
quitted, not more to his own satisfaction, than to that of his 
neighbors and friends. He was then congratulated by Colonel 
Clark upon his acquittal, and informed, that although his be- 
coming an American citizen, would be highly acceptable, yet 
if he did not sincerely wish to do so, he was perfectly at liberty 
to dispose of his property, and to remove elsewhere. Cere de- 



HISTORY OF KENTUCKY. 61 

lighted at the fair and generous treatment he had met with, 
immediately took the oath of allegiance, and became a " most 
valuable" friend to the American cause. 

So successful was the management of Clark, that whether he 
bribed, or whether he punished, both methods were made con- 
ducive to the public interest. In this case, he seems to have 
kept up an appearance of rigor for the very opportunity of en- 
hancing the indulgence, he wished and determined to exercise : 
reserve in favors, was a common feature of his policy. As an 
exhibition of Colonel Clark's tact in governing under the criti- 
cal circumstances in which he was placed, this detail has been 
thought necessary. The narration has now arrived at the com- 
plete reduction of the French settlements, in the present State 
of Illinois; not more by the force of arms than by the adroit 
policy of the American commander, and the good disposition of 
riie inhabitants. The American government, too, was then in 
alliance with their ancient countrymen, whose dominion, no 
doubt, still clung affectionately round their hearts. In this way 
was reduced the ancient town of Kaskaskias, wiiich had been 
settled two years before the city of Philadelphia, now flourish- 
ing so nobly under the auspices of American liberty; as dis- 
tinguished for her fame in learning and in the arts, as she is re- 
nowned for her virtues and opulence. While to exhibit the 
fluctuating condition of things, Kaskaskia, her predecessor 
planted under the protection of a powerful monarchy, numbers 
but ninety-six persons,* and is almost a deserted villatye, filled 
with ruins of the nicest masonry. Colonel Clark, with his brave 
officers and men, on the 23d of November, 1778, was voted the 
thanks of the House of Delegates, " for their extraordinary reso- 
lution and perseverance in so hazardous an enterprise, and for 
the important services thereby rendered their country." 

Post St. Vincents still continued to occupy the thoughts of 
Clark as a point of great importance to the safety of his present 
position, and to the extension of the Virginia dominion. " It was 
never" he says, " out of my mind ;" it had indeed occupied his 
thoughts ; it has been seen in his first descent down the Ohio, 
* Census of 1830. 

F 



(52 HISTORY OF KENTUCKY. 

and was only relinquished at that time from his weakness^ 
His early inclinations were revived by his success at Kaskas' 
kia, and he sent for M. Gibault, the Roman Catholic priest of 
his villao-e, as well as that of St. Vincents. This gentleman, 
who subsequently received the public thanks of Virginia for his 
distinguished services, had been steadily attached to the Ameri- 
can cause; he readily gave Colonel Clark every information he 
desired; told him that Governor Abbot had lately gone on busi- 
ness to Detroit, and that a military expedition from the Falls 
af^ainst St. Vincents, which Clark pretended to meditate, was 
scarcely necessary. He indeed offered, if it met the approba- 
tion of Colonel Clark, to " take the business on himself, and he 
had no doubt of his being able to bring that place over to the 
American interest v/ithout" he said, " my being at the trouble 
of marching against it." Nor is it unfair to believe, that this 
patriotic priest must have taken into consideration the interests 
of his parishioners, by endeavoring to save them, if possible, 
from the chances of military spoil and violence. 

The generous and equal spirit which, the ancient church of 
llom.e had so rightfully, yet so rarely has met, at the hands of 
Protestant conquerors, and the beneficent administration of 
Clark, all united, no doubt, to propagate the American influence, 
and extend its arms. To these offers of M. Gibault, Clark most 
readily acceded ; for it was the fondest wish of his heart, yet he 
scarcely ventured to believe he should realize it; and, more- 
over, at the desire of the clergyman, a Dr. Lafont was associated 
as a temporal member of the embassy. The principal charge 
was, however, in the hands of M. Gibault. On the 14th of July, 
the French gentlemen accompanied by a spy of Clark's, an 
additional security which he seems, scarcely ever to have neg- 
lected in his enterprises, set off for St. Vincent's, or *0. Post, 
as it was very often called. After full explanations of the state 
of affairs between the priest and his flock, in two or three days, 
the inhabitants threw off the British government, and assem- 
bling in a body at the church, they, in the most solemn manner, 
took the oath of allegiance to the commonwealth of Virginia. 

* A corruption of Au Poste. 



HISTORY OF KENTUCKY. b3 

A commandant was elected, and the American flag immediately 
displayed over the fort, to the astonishment of the Indians. 
Thus again fell another of the French villages established about 
1745, owino- to the pure good will of the inhabitants towards 
the American government; and another barrier of counteract- 
ing influence over the barbarous hostilities of the Indians, was 
gained for Kentucky. The savages were told by their French 
friends, " that their old Father, the King of France, was come to 
life again, and was mad with them for fighting for the English; 
that if they did not wish the land to be bloody with war, they 
must make peace with the Americans." 

About the 1st of August, M. Gibault and party, returned with 
the joyful intelligence, of having peaceably adjusted every 
thing at St. Vincents in favor of the American interest; no less 
to the astonishment of Clark, than to his gratification, and that 
of the inhabitants of Kaskaskia. A new source of perplexity 
now opened itself on Clark ; it was the expiration of the three 
months for which his troops had been enlisted. But the discre- 
tionary powers so wisely lodged with an officer acting on so 
remote a stage, and under such embarrassing difficulties, de- 
termined him not to divest himself of the only American 
power, on which he could rely upon any emergency ; and to 
strain his authority, for the preservation of that interest, for 
which it was conferred upon him. He, therefore, re-enlisted 
his men upon a new footing, raised a company among the na- 
tive inhabitants commanded by their own officers, established 
a garrison at Kaskaskia under the command of Captain Wil- 
liams, and another at Cahokia, under that of Captain Bowman. 
Colonel William Linn, who had accompanied the expedition as 
a volunteer, now took charge of the troops, who wished to re- 
turn and was the bearer of orders from Colonel Clark, to es- 
tablish a fort at the Falls of Ohio. This order was executed 
by building a stockade fort at the termination of the present 
Twelfth street, on the easterly side of the large ravine, that 
opens to the river at that point.* Here was planted the 

* The fort here mentioned, was in 1782, succeeilod by a larzer one, bnilt by the regular 
Uoops assisted by the militia from all the settled parts of the district. It was situated bq. 



64 HISTORY OP KENTUCKY. 

thrifty germ of Louisville, now the emporium of Kentucky, and 
which seems fairly destined to grow with the countless pros- 
perity of this great republic, with whose remotest commerce 
and continued union, she is vitally connected. Captain John 
Montgomery was despatched to Richmond, in charge of M. 
Rocheblave, the British commandant of Kaskaskia. 

In regard to this officer, who expressed himself with great 
bitterness of the Americans, and the natives who had sided 
with them, Colonel Clark exerted himself very much, to pro- 
cure a restoration to Mrs. Rocheblave, of his slaves, that had 
been seized as public plunder. This was attempted by inviting 
him to a dinner with some of the officers, as well as with his 
acquaintance, where this restitution was, it seems, to have 
been offered; but it was entirely frustrated by the violent and 
insulting language of the former commandant; he called them 
a parcel of rebels, and provoked such indignation that he was 
immediately sent to the guard house ; all further thoughts of sav- 
ing his slaves were now abandoned. They were subsequently 
sold for the amount of five hundred pounds, and the proceeds 
divided among the troops as prize money. The Governor of Vir- 
ginia was informed of the whole of Clark's proceedings, and the 
appointment of a civil commandant was desired by him, who 
should take charge of the political affairs of this secluded portion 
of the commonwealth. In consequence of this recommendation^ 
an act was passed in October, 1778, establishing the county of 
Illinois, and embracing within its boundary all the chartered 
limits of Virginia, west of the Ohio river. There was also au- 
thorized the raising of a regiment of five hundred men, and the 
opening communications with New Orleans for their support, 

twecn the present Sixth and Eighth streets, on the northern side of Main street, immedi- 
ately on the hank of the river. In honor of the third repuhliran Governor of Virginia, 
the fort was called Fort Nelson. Seventh street passed throujrh the first gate opposite to 
the head quarters of General Clark. The principal military defence in this part of the 
country deserves a few more particulars. It contained about an acre of ground, and was 
surrounded by a ditch eisht feet deep and ten feel wide, intersected in the middle hy a row 
of sliar)) pickets; this ditch was surmounted hy a breastwork of log pens or enclosures, 
filled with the earth obtained from the ditch, with pickets ten feel high planted on the top 
of the breast work. Next to the river, pickets alone were deemed sufficient, aided by the 
long slope of the river bank. Some of the remains of these pickets were dug up in the 
summer of 1832, in excavatir g the cellar of Mr. John Love's stores on Main street, oppo- 
site to the Louisville Hotel. There was artillery in the fort, particularly a double forti- 
fied brass piece, which was captured hy Clark at Vincennes. This piece jdayed no in- 
considerable part in the military operations of this period, insignificant as it may ai)pear to 
the eyes of a regular military criiic. 



iiistC^^Y OF KENTUCKY. 05 

Colonel Johil Todd, who afterwards lost his life with so much 
regret, at the battle of the Blue Licks, received the appointment 
of civil commandant and Lieutenant Colonel of the county ; a 
mark of much honorable confidence in a new and distant pro- 
vince of Virginia. About the middle of August, Captain Leon- 
ard Helm was appointed by Colonel Clark commandant at St. 
Vincents, and " agent for Indian affairs in the department of 
the Wabash." This officer was particularly recommended to 
Clark for his knowledge of the department, and by the general 
prudence of his character. As Clark intended to place a strong 
garrison at this post, when the reinforcements, which he ex- 
pected from Virginia should arrive. Captain Helm was made 
fully acquainted with his plans, and received his utmost con- 
fidence. 

Near the post of St. Vincents, there was a chief by the name 
of Tobacco's son whose name appears in the deed to the Wa- 
bash Company in 1775, as Tabac.'* This chief was compli 
mented by his countrymen with the title of the Grand Door 
of the Wabash, as the Great Pontiac or Pondiac, used to be 
called the Grand Door of St. Joseph's; and nothing of impor- 
tance respecting the Wabash country was undertaken with- 
out the consent of the former chief To conciliate him and 
win over his influence, Captain Helm was instructed to use 
every exertion: messages had indeed been interchanged by 
Colonel Clark with this chief, through M. Gibault, on his late 
mission. This intercourse was renewed by Captain Helm, 
soon after his arrival at St. Vincents, where he was received by 
acclamation on the part of the people. In an Indian council 
opened by the American agent with the Grand Door, he deliv- 
ered him a friendly talk from Colonel Clark, inviting him to 
unite with the Big Knife, and his old Father, the King of France. 
To this letter, with the usual circumspection of the Indian cha- 
racter, the chief declined giving an answer, until he had assem- 
bled his councillors; although he was glad to see one of the Big 
Knife chiefs. It was true, he had fought together with the Eng- 
lish, yet he had thought they always looked gloomy ; in all this 
* Land Law of tlie United States, 94G. 
F* 



66 History of KENTUCltVi 

intercourse, the Grand Door observed the ceremony of the most 
courtly dignity, in which he was exactly followed by Captain 
Helm; so that it was several days, before the council was con- 
cluded. At length Captain Helm was invited to attend a meet- 
ing of the chiefs, in which Tobacco's son informed him, that 
" the sky had been very dark with the war between the Big 
Knife and the English; but now it was cleared up. The Big 
Knife was in the right, and perhaps if the English conquered 
them, they might serve the Indians in the same way." Tobacco 
then jumped up, struck his breast, and said, " he had always been 
a man and a warrior, and now he was a Big Knife, and would 
tell the Red people to bloody the land no more for the English;" 
he then shook Captain Helm by the hand, and his example was 
followed by all his chiefs to the great advantage of the whites. 
This chief is said to have remained a true friend to the Ameri- 
can^, until his death; which happened about two years after, 
when, at his desire, he was buried with the honors of war, near 
the fort of Cahokia. The conduct of Tobacco had a wide in- 
fluence over the chiefs on the Wabash as high as the Weanti- 
non, Ouatanon, or old Wea towns, all of whom followed the 
example of their Grand Door, in making peace with the Ameri- 
cans. These negotiations, together with others equally impor- 
tant effected by Colonel Clark at Cahokia, in a short time under- 
mined the British influence through a large portion of these 
regions. The co-operation of the French interest was essen- 
tially productive of these valuable results; the Indians implicitly 
confided in their representations, and through them, the Indians 
became thoroughly alarmed at the power of the Americans. 
The treaties held by Clark commenced about the 1st of Septem- 
ber, and were conducted with a dignity and efficiency, as well 
as attended with such remarkable circumstances as to deserve 
a place in this history. 

Colonel Clark had always thought the policy of inviting the 
Indians to treat, was founded in a mistaken estimate of their 
character; they always interpreted, he believed, such invita- 
tions as evidences either of fear or weakness, or both. He^ 
therefore, studiously avoided every invitation of the sort; and 



HISTORY OP KENTUCKY. 67 

waited for the Indians to request a treaty; while he fought 
them fiercely and energetically until they did so. He had, 
moreover, made himself intimately acquainted with the French 
and Spanish modes of treating the Indians, and had long been 
devoted to the study of the Indian character. In consequence 
of this, he determined to guard against spoiling the Indians, as 
had been too much the case with the English at treaties; and 
to use the strictest reserve, and grant presents with a nig- 
gardly hand, as wrung from him, rather than as spontaneous 
and willing gratifications. The ceremonies of this first and 
ancient council of our countrymen, with these remote sons of 
the forest, are worth recording. The various parties were as- 
sembled, white and red; the chief who was to open the council, 
as the Indians were the solicitors, advanced to the table at which 
Colonel Clark was sitting, " with the belt of peace in his hand, 
another with the sacred pipe; and a third, with fire to kindle it; 
after the pipe was lighted, it was presented to the heavens, then 
to the earth, and completing a circle, was presented to all the 
spirits, invoking them to witness what was about to be done. The 
pipe was now presented to Colonel Clark, and afterwards to 
every person present." After these formalities the speaker 
addressed himself to the Indians, as follows : " Warriors, you 
ought to be thankful that the Great Spirit has taken pity on 
you, has cleared the sky, and opened your ears and hearts, so 
that you may hear the truth. We have been deceived by bad 
birds flying through the land, (meaning the British emissaries;) 
but we will take up the bloody hatchet no more against the 
Big Knife; and we hope, that as the Great Spirit has brought 
us together for good, as he is good, so we may be received as 
friends ; and peace may take the place of the bloody belt." The 
speaker tlien threw in the middle of the room, the bloody belt 
of wampum, and flags, which they had received from the Bri- 
tish, and stamped upon them in token of their rejection. To 
this address, Clark very guardedly and distantly replied, that 
" He had paid attention to what had been said, and would the 
next day give them an answer, when he hoped the hearts of 
all people would be ready to receive the truth ; but he recom- 



G8 KISTORY OF KENTUCKY. 

mended them to keep prepared for the result of this council, 
upon which their very existence as nations depended. He de- 
sired them not to let any of our people shake hands with them, 
as peace was not yet made ; and it was time enough to give the 
hand, when the heart could be given also. " An Indian ehief 
replied, that " such sentiments were like men, who had but one 
heart, and did not speak with a forked tongue." The council 
then rose until the next day, when Clark delivered the follow- 
ing address to the assembled Indians, which is taken literally 
from the memoirs of Colonel Clark. " Men and warriors : Pay 
attention to my words. You informed me yesterday, that the 
Great Spirit had brought us together, and that you hoped, 
that as he was good, it would be for good. I have also the 
same hope, and expect that each party will strictly adhere to 
whatever may be agreed upon, whether it shall be peace or 
war; and henceforward prove ourselves worthy of the attention 
of the Great Spirit. I am a man and a warrior, not a council- 
lor; I carry war in my right hand, and in my left, peace. I am 
sent by the Great Council of the Big Knife, and their friends, 
to take possession of all the towns possessed b}^ the English in 
this country, and to watch the motions of the Red people : to 
bloody the paths of those who attempt to stop the course of the 
river; but to clear the roads from us to those, that desire to be 
in peace; that the women and children may walk in them with- 
out meeting any thing to strike their feet against. I am ordered 
to call upon the Great Fire for warriors enough to darken the 
land, and that the Red people may hear no sound, but of birds 
who live on blood. I know there is a mist before your eyes; I 
will dispel the clouds, that you may clearly see the causes of 
the war between the Big Knife and the English; then you may 
judge for yourselves, which party is in the right; and if you 
are warriors, as you profess yourselves to be, prove it by ad- 
hering faithfully to the party, which you shall believe to be en- 
titled to your friendship, and not shew yourselves to be squaws. 
The Big Knife is very much like the Red people, they don't 
know how to make blankets, and powder, and cloth ; they buy 
these things from the English, from whom they are sprung/ 



HISTORY OF KENTUCKY. 69 

They live by making corn, hunting and trade, as you and your 
neighbors, the French, do. But the Big Knife daily getting 
more numerous, like the trees in the woods, the land became 
poor, and hunting scarce,- and having but little to trade with, 
the women began to cry at seeing their children naked, and 
tried to learn hoAV to make clothes for themselves; soon made 
blankets for their husbands and children; and the men learned 
to make guns and powder. In this way we did not want to buy 
so much from the English; they then got mad with us, and sent 
strong garrisons through our country (as you see they have 
done among you on the lakes, and among the French;) they 
would not let our women spin, nor our men make powder, nor 
let us trade with any body else. The English said, we should 
buy every thing from them, and since we had got saucy, we 
should give two bucks for a blanket, which we used to get for 
one; we should do as they pleased, and they killed some of our 
people, to make the rest fear them. This is the truth, and the 
real cause of the war between the English and us; which did 
not take place for some time after this treatment. But our 
women became cold and hungry, and continued to cry; our 
young men got lost for want of counsel to put them in the right 
path. The whole land was dark, the old men held down their 
heads for shame, because they could not see the sun, and thus 
there was mourning for many years over the land. At last the 
Great Spirit took pity on us, and kindled a great council Fire, 
that never goes out, at a place called Philadelphia; he then stuck 
down a post, and put a war tomahawk by it, and went away. The 
sun immediately broke out, the sky was blue again, and the old 
men held up iheir heads, and assembled at the fire; they took up 
the hatchet, sharpened it, and put it into the hands of our young 
men, ordering them to strike the English, as long as they could 
find one on this side of the great waters. The young men imme- 
diately struck the war post, and blood was shed: in this way the 
war began, and the English were driven from one place to 
another, until they got weak, and then they hired you Red 
people to fight for them. The Great Spirit got angry at this, 
and caused your old Father, the French King, and other great 



70 HISTORY OF KENTUCKY. 

nations to join the Big Knife, and fight with them against all 
their enepnies. So the English have become like a deer in the 
woods ; and you may see that it is the Great Spirit, that has 
caused your waters to be troubled ; because you have fought 
for the people, he was mad with. If your women and chil- 
dren should now cry, you must blame yourselves for it, and not 
the Big Knife. You can now judge who is in the right; I have 
already told you who I am ; here is a bloody belt, and a white 
one, take which you please. Behave like men, and don't let your 
being surrounded by the Big Knife, cause you to take up the 
one belt with your hands, while your hearts take up the other. 
If you take the bloody path, you shall leave the town in safety, 
and may go and join your friends, the English; we will then 
try like warriors, who can put the most stumbling blocks in 
each others' way, and keep our clothes longest stained with 
blood. If, on the other hand, you should take the path of peace, 
and be received as brothers to the Big Knife, with their friends, 
the French, should you then listen to bad birds, that may be 
flying through the land, you will no longer deserve to be count- 
ed as men; but as creatures with two tongues, that ought to be 
destroyed without listening to any thing you might say. As I 
am convinced you have never heard the truth before, I do not 
wish you to answer before you have taken time to counsel. 
We will, therefore, part this evening, and when the Great 
Spirit shall bring us together again, let us speak and think like 
men with but one heart and one tongue." The next day after 
this speech, a new fire was kindled with more than usual cere- 
mony, and the Indian speaker came forward, and said, " They 
ought to be thankful that the Great Spirit had taken pity on them, 
and opened their ears and hearts to receive the truth. He had 
paid great attention to what the Great Spirit had put into my 
heart to say to them. They believed the whole to be the truth, 
as the Big Knife did not speak like any other people, they had 
ever heard. They now saw they had been deceived, and that 
the English had told them lies, and that I had told them the 
truth; just as some of their old men had always told them. 
They now believed, that we were in the right, and as the Eng- 



HISTORY OP KENTUCKY. 71 

iifeh had forts in their country they might, if they got strong 
enough, want to serve the Red people, as they had treated the 
Big Knife. 

The Red people ought, therefore, to help us, and they had 
with a cheerful heart taken up the belt of peace, and spurned 
that of war; they were determined to hold the former fast and 
would have no doubt of our friendship from the manner of our 
speaking, so different from that of the English. They would now 
call in their warriors, and threw the tomahawk into the river 
where it could never be found; they would suffer no more bad 
birds to fly through the land disquieting the women and children. 
They would be careful to smooth the roads for their brothers 
the Big Knife, whenever they might wish to come and see 
them. 

Their friends should hear of the good talk I had triven them 
and they hoped I would send chiefs among them with my eyes 
to see myself that they were men, and strictly adhered to all 
they had said at this great fire ; which the great spirit had kin- 
dled at Cohokia, for the good of all people who would attend it." 

The pipe was again kindled, and presented to all the spirits, 
as witnesses of the transactions ; it was smoked, and the coun- 
cil concluded by shaking hands among all the parties, White 
and Red. In this manner, with very little variety, treaties were 
concluded with many tribes, and in all with a dignity and im- 
portance in their eyes, little inferior, to that of the alliance be- 
tween the United States and France, in ours. 

Colonel Clark adhered resolutely to a determination of not 
appearing to caress them; and he even apologized for making 
the few presents he did confer, by attributing them to the great 
way they had travelled, having expended their ammunition, and 
worn out their mockasons and leggins. The Indian tribes were 
generally so much alarmed, that the conclusion of peace, not. 
withstanding Clark's reserv e and disdain, gave them perfect 
satisfaction. This state of mind was confirmed by the report 
of the spies whom Colonel Clark kept among all his new allies; 
as well as the less doubtful nations. So well consolidated was 
Jiis influence, that a single soldier could be sent in safety among 



72 HISTORY OF KENTUCKY . 

the Indians, through any part of the Wabash and Illinois coun- 
try, to the heads of the waters discharging themselves into the 
lakes, and into the Mississippi. Here the British still maintained 
their influence; indeed many tribes were divided between them 
and the Americans. Such a sudden and extensive change 
among the Indians in our favor, is to be mainly attributed to the 
friendly dispositions of the French traders and agents, supported, 
however, by the stern and commanding influence of Colonel 
Clark. It required all his tact, united with the control and co- 
operation of the French, to preserve that impression, which he 
had made at first, while at the head of so inadequate a force. 

Accordingly, the prospect of reinforcements from the Falls 
was constantly held out, and every means adopted to attach 
our new fellow-citizens to the American government. No fees 
was exacted by the commanding officers, or in the weekly 
courts which were occupied by the business and disputes of the 
people; a contrast most favorable to American influence. The 
friendly correspondence with the Spanish government, and the 
permission of some trade with agents, even from Canada, all 
contributed to maintain a controling influence over the savages. 

An incident occurred during the Indian negotiations of no 
little romantic character. A party of Indians, composed of strag- 
glers from various tribes, by the name of Meadow Indians, who 
had accompanied the other tribes, and been promised a great 
reward if they would kill Colonel Clark. For this purpose, they 
had pitched their camp about a hundred yards from Clark's 
quarters ; and about the same distance in front of the fort, on 
the same side of Cahokia creek, with the one occupied by the 
Americans, This creek was about knee deep at the time of 
the transaction, and a plot was formed for some of these Indians 
to pass the creek after night, fire their guns in the direction of 
the Indians on the other side of the creek, and then fly to Colo- 
nel Clark's quarters; where they were to seek admission, oa 
pretence of fleeing from their enemies, and put Colonel Clark 
and the garrison to death. About one o'clock in the morning, 
while Colonel Clark was still awake with the multiplied cares 
of his extraordinary situation, the attempt was made : and the 



HISTORY OF KENTUCKY. 73 

flying party having discharged their guns, so as to throw suspi- 
cion on the other Indians 5 came running to the American camp 
for protection, as they said, from their enemies who had attacked 
(hem from across the creek. This, tlie guard which proved to 
be in greater force than was anticipated, prevented by present- 
ing their pieces at the fugitives,- who were compelled to return to 
their own camp. The whole town and ga^rrison were now im- 
mediately under arms^ and these Indians, whom the guard had 
recognized by the moonlight, were sent for, and on being ex- 
amined, they declared it was their enemies, who had fired upon 
them from across the creek; and that they had sought shelter 
among the Americans. Some of .the French gentlemen who 
knew these Indians, better than the new conquerors, called for 
a light, and discovered their mockasons and leggins to be 
quite wet and muddy, from having passed the creek, over to 
the friendly camps. This discovery quite confounded the assas- 
sins; and as there were a great many Indians of other tribes in 
town, Clark thought the opportunity favorable to convince them 
of the strictest union between the Americans and the French; 
he, therefore, surrendered the culprits to the French, to do what 
they pleased with them. Secret intimations were, however, 
given, that the chiefs ought to be sent to the guard house in 
irons; which were immediately executed. In this manacled 
condition, they were brought every day into the council; but 
not suffered to speak until all the other business was transacted ; 
when Colonel Clark ordered their irons to be taken off, and 
told them, " every body said they ought to die for their treacher- 
ous attempt upon his life, amidst the sacred deliberations of a 
council. He had determined to inflict death upon them for their 
base attempt, and they themselves must be sensible that they 
had justly forfeited their lives; but on considering the mean- 
ness of watching a bear and catching him asleep, he had found 
out that they were not warriors, only old women, and too mean 
to be killed by the Big Knife. But as you ought to be punished 
for putting on a breech cloths like men, they shall be taken away 
from you, plenty of provisions shall be given you for your journey 
home ; as women don't know how to hunt, and during your stay^ 

G 



74 HISTORY OF KENTUCKY. 

you shall be treated in every respect, as squaws." Then, with* 
out taking any further notice of these offenders, Colonel Clark 
turned off and began to converse with other persons : this treat- 
ment appeared to agitate the offending Indians to their very 
hearts. In a short time one of their chiefs arose with a pipe 
and belt of peace, which hq offered to Clark, and made a speech; 
but at that time he would not suffer it to be interpreted, and a 
sword lying on the table, he took it up and indignantly broke 
the pipe, which had been laid before him, declaring, the Big 
Knife never treated with women. Several chiefs of other tribes 
now interfered to procure the pardon of the Meadow Indians, 
and to solicit Colonel Clark .to pity the families of these men, 
and grant them peace. Still the Ameriqan officer profoundly 
alive to the vulnerable features of the Indian character, told 
them, "the Big Knife had never made war upon these Indians j 
and that whenever Americans came across such people in the 
woods, they commonly shot them, as they did wolves, to pre- 
vent their eating the deer." This mediation having failed, the 
ofiending tribe appeared busy in conversation among them- 
selves; when suddenly two of their young men advanced into 
the middle of the floor, sat down, and flung their blankets over 
their heads, to the astonishment of the whole assembly. When 
two chiefs arose, and v/ith a pipe of peace, stood by the side of 
these victims, and offered their lives to Colonel Clark, as an atone- 
ment for the offence of their tribe ; this sacrifice they hoped would 
iippease the Big Knife, and they again offered the pipe. Clark 
would not yet admit a reconciliation with them ; but directed them 
in a milder tone than before, to be seated ; for he would have noth- 
ing to say to them. '• The alarm of these people appeared," 
said Clark, " wrought up to so high a degree, that they appear- 
ed to think the tomahawk was suspended over the heads of 
every one of their tribe; and that nothing but peace could save 
them." They thought that by putting these two young men to 
tleatii, or keeping them as slaves, our countrymen might be 
reconciled. The offered victims kept their position, only now 
•and then putting out their heads, as if impatient to know their 
Into. This affectinj]: and romantic incident embarrassed the 



HISTORY OF KENTUCKY. ..: 

ready mind even of Clark; he had always, he says, intended 
to be persuaded to grant these Indians peace, but with a rekic- 
tance, that should enhance its value. The assembly was all 
silence and suspense with anxiety, to know the fate of the vic- 
tims; while Colonel Clark, deeply affected with the magnanimity 
of these rude children of the forest, declares, " he never feit so 
powerful a gush of emotion over his mind, or ever so capable 
of speaking from the impulse of that feeling." He ordered the 
young men to arise and uncover themselves; he then said, '• Ho 
rejoiced to find, that there were men in all nations; that these 
tn'o young warriors, (pointing to the victims.) had been offered 
by their tribe, were at least a proof for their own countrymeit, 

Such characters were alone fit to be chiefs., and with such, 
he liked to treat; through them the Big Knife granted peace to 
their tribe, and he took them by the hand, as the chiefs of 
their tribes." They were immediately introduced (with no 
slight change of countenance, which they could not with all- 
their efforts entirely suppress) to the American officers, as well 
us to the French and Spanish gentlemen, who were present; and 
lastly to the other Indian chiefs. They were saluted by all, as 
chiefs or their tribe, and Clark immediately held, with great 
ceremony, a council, in which peace was settled with their 
people, and presents granted to distribute among their friends. 
Colonel Clark was afterwards informed, that these young men 
were held in high esteem by their people; and that the Ameri- 
cans were much talked of, on account of this incident. 

Colonel Clark now turned his attention to Saguina, or Black- 
bird and Nakioun, two chiefs of the Sotairs and Ottoway tribes, 
bordering on lake Michigan. The former of these chiefs had 
been in St. Louis, when Clark first invaded the country, and 
not trusting to Spanish protection, had returned to his tribe; 
though he had sent a letter to Clark, apologising for his absence. 
He was found on inquiry to possess so much influence over 
considerable bands about the St. Joseph's, of Lake Michigan; 
that Colonel Clark departed from his usual distant policy, and 
invited him by a special messenger, to come to Kaskaskia. The 
invitation was immediately complied with, and Black Bird visit- 



76 HISTORY OF KENTUCKY. 

ed Colonel Clark with only eight attendants. After the party 
had recovered from their fatigue, preparations were made as 
usual for a council with the ceremonies generally practised. 
These were no sooner noticed by this sagacious chief, than he 
informed Colonel Clark, that he came on business of importance 
to both, and desired that no time might be lost on ceremonies. 
This chief declared he wanted much conversation with Colonel 
Clark, and would prefer sitting at the same table with him to 
all the parade and formality which could be used. Accordingly 
a room was prepared for this straight forward and direct chiefs 
and his American cotemporary : they both took their seats at 
the same table, having interpreters seated to their right and 
left. Black Bird opened the conference by saying, " he had 
long wished to enjoy a conversation with a chief of our nation: 
he had conversed with prisoners, but he could not confide in 
them ; for they seemed to be afraid to speak the truth. That 
he had engaged in the war against us, was true; although 
doubts of its justice always crossed his mind, owing to our ap- 
pearing to be the same nation with the British. Some mystery 
hung over the matter, which he wanted removed : his anxiety 
was to hear both sides, while he had hitherto, only been able 
to hear one." Clark readily undertook to satisfy this inquisi- 
tive chief, and compelled as he was to employ similes for so 
many ideas, foreign to barbarous society, it took him nearly half 
a day to answer the inquiries of the Indian. This was accom- 
plished to his entire satisfaction, and he expressed himself con- 
vinced, that the Americans were perfectly right; he was glad 
that their old friends, the French, had united their arms with 
ours, and the Indians ought to do the same. But as we did not 
wish this, his countrymen, he thought, ought at least to be neu- 
tral. He was convinced the English must be afraid, because 
they gave the Indians so many goods to fight for them; his sen- 
timents, he said, were fixed in our favor; and he would no 
longer listen to the offers of the English. He would put an end 
to the war, and would call his young men in, as soon as he could 
get home and have an opportunity of explaining the nature of 
the war to them. 



HISTORY OF KEXTUCKr. 77 

This display of the chief's sentinicntSj may well be con- 
ceived, to have given Clark the utmost satisfaction; and h« 
promised to write to the Governor of Virginia respecting his 
friendly conduct, and to have him registered among the friends 
of the Big Knife. In a few days the chief set off for his native 
lorcsts, accompanied at his desire, by an agent of Clark. A 
couple of pack-horses were loaded with provisions and presents 
tor this sagacious and sensible Indian, who continued a faithful 
friend to American interests. 

There was a point of no little policy observed by Clark, in 
his conferences with the Indians at this time ; it was not to 
blame the Indians for taking British presents, which in their 
poverty and our inability to supply their wants, was unavoida- 
ble. The influence of commerce has spread to the remotest 
wilds of the earth, and bound alike in her golden chains, the 
citizen of refined society, and the barbarian of the woods. The 
rifle and its ammunition have long banished the bow and other 
ruder instruments of war, among the Indians contiguous to the 
whites ; and the beaver trap, the camp-kettle, and the blanket, 
m addition to a thousand wants of his flmcy; have rendered 
trade and arts, as necessary to the Indian, as to the civilized 
man. Illustrations of this truth are presented in the story of all 
uncivilized people.* But Clark exerted his utmost influence h^ 
impress the Indians with the degradation of fighting for /i//v 
that it was beneath the dignity of a warrior. " The Big Knife, "^ 
he said, " looked upon the scalps ofi warriors fighting their own 
battles, as the greatest trophies of War; but those of men fight- 
ing for hire, were given to children to play with, or flung to the 
dogs." This language, stern as it may seem, had the best eftect 
upon these barbarous tribes ; who were never under more effec- 
tual influence, than under Colonel Clark. 

About this time he received a letter from a celebrated chief 
by the name of Lajes, or Loges; also known by the appellation 
of Big Gate. This chief, who being a boy when the great Pon- 

* See thi? sntiject beautifully traced in the " Rights of Industry," one of the inestima- 
ble volume?! of popular instruction, wliich liavc emanated from a British society adorninj, 
ond adorned by llieir ^Teut modern Chancellor. 



78 HISTORY OP KENTUCKY. 

tiac besieged Detroit, had shot a British soldier standing in the 
fort; from this circumstance, his title had been given to him. 
Several parties had been very successfully commanded by this 
v^arrior against our frontiers; but happening to fall in with a 
party of Piankeshaws coming to Kaskaskia, he determined to 
come and see what our countrymen had to say for themselves. 
With no little assurance, he appeared every day in council, 
seated in the front of the room, dressed in a full war dress ; and 
the bloody belt, which he had received from the British, hang- 
ing about his neck. In this condition, he attended the council 
for several days, without saying a word to our countrymen, or 
they saying any thing to him; at length, at the close of the de- 
liberations with the tribes, who were in attendance; Clark 
addressed this silent chief, by apologising for not noticing him, 
until the public business was despatched. " That although they 
were enemies," said the American officer, " still it was cus- 
tomary among the whites, when they met in this way to treat 
each other in proportion to the exploits in war, which they had 
performed against each other." On this account, as he was a 
areat warrior, Colonel Clark invited him to dinner. This, the 
chief, taken by the utmost surprise, endeavored to decline ; Colo- 
nel Clark would not, however, regard his excuses; but as soon as 
he would begin them, Clark would renew his solicitations, and 
express his determination to take no refusal, until he worked 
up the Indian to the utmost pitch of excitement. Roused in 
this manner, he stepped into tlie middle of the room, threw 
down his war belt, and a little British flag that he had in his 
bosom, and tore off all his clothes, but his breech clotli. When 
thus despoiled of tlie presents of his late favorites, he struck 
himself on the breast, and told the audience," They knew he 
had been a warrior from his youth, that he had delighted in bat- 
tle, he had been three times against the Big Knife, for the Bri- 
tish had told him lies; he had been preparing for another war 
party, when he had heard of Colonel Clark's arrival, and he. 
determined to rest himself, and hear what the Americans could 
say in their defence. He was satisfied the Big Knife was in 
the right ; and as a man and a warrior, he ought not to fight 



HISTORY OP KENTUCKY. 79 

nny longer in a bad cause; he was henceforth a Big [Knife, 
and he shook hands with Colonel Clark and his officers, and 
saluted them as brothers." The drollery of the matter was, 
that the new brother was naked, and he must be clothed; ac- 
cordingly a fine laced suit was procured for him, and he was 
dressed in all the finery of military parade. Shortly after this 
entertainment, Lages desired a private interview with Colonel 
Clark; in this, he detailed a full account of the situation of De- 
troit, and he offered his services to the Colonel, to obtain a 
scalp or a prisoner. The former Clark declined, upon the ge- 
neral principle of discouraging the barbarities of the Indians, 
and our desire to keep them still; a course of conduct, which 
has ever proved most fruitless to our countrymen, and in 
many instances has united the Indians with our less scrupu- 
lous enemies. Clark assured him of his readiness to receive a 
prisoner; but charged him by no means to use such a one ill. 
On the chief's taking leave, Clark presented him with a Cap- 
tain's commission and a medal, to secure the agency of this 
new political missionary. 



CHAPTER V. 



Jlecaplure of St. Vincents by the British— Plans against Americans— French volunteers- 
March to St. Vincents— Capture— Retnrn to Kaskaskia. 

After all this success with the Indians, Colonel Clark began 
to entertain great apprehensions for St. Vincents; no news 
"had been received for a considerable length of time from that 
place, till on the 29th of January, 1779, Colonel Vigo, then a 
merchant in partnership with the Governor of St. Louis, now a 
venerable and highly respected citizen of Vincennes, brought 
intelligence, that Governor Hamilton had marched an expedi- 
tion from Detroit, which had, in December captured St. Vin- 
cents, and again reduced it under the power of the British.* 

* Tlierc is an anecdote respecting Captain Leonard Helm evincing an intrepidity which, 
would ill be omitted; it has been communicated to the author, through the friendly interest 
of Judge Underwood, and his venerable relative, Edmund Rogers, Esq., of Barren countr, 
-a brotlior of Captain John Rogers, and personally intimate with Clark and his otficere f jr 



80 ' HISTORY OF KENTUCKY. 

Owing to~tIie advanced stage of the season, he had postponed 
his operations against Kaskaskia, and in order to keep his rest- 
less auxiliaries employed, whom he had brought with him to the 
nniiiber of about four hundred, he had detached some against 
the settlements of Kentucky, and others to watch the Ohio 
river. In the spring, he contemplated re-assembling his forces 
for a grand campaign which should first be directed against 
Kaskaskia. 

At this point, "which he had no doubt ^f carrying, he was 
to be joined by two hundred Indians from Michillimakinack, 
and five hundred Cherokees, Chickasaws and other tribes." 
With this force united to his own, Governor Hamilton had or- 
ders from the commander-in-chief in Canada, "to penetrate up 
the Ohio to Fort Pitt, siceeping Kentucky on his way and taking 
light brass cannon for the purpose. So flushed was the British 
commander with the hopes of conquest, that he made no doubt, 
he could force all West Augusta, (meaning the western part of 
Virginia adjoining the Blue Ridge.*") The same respected 
o-cntlemant informed him, that Governor Hamilton had not more 
than eiffhty men in garrison, three pieces of cannon, and some 
swivels mounted. With the promptitude inspired by his emi- 
nent genius for war, our daring commander determined, like 
his most appropriate original, the great Hanniba', to carry the 
war into the enemy's cour^tr}' — As Clark said, "I knew if I did 
not take him, he would take me.*' He immediately fitted up a 
large Mississippi boat as a galley, mounting two four pounders 
and four sv.'ivcls, (obtained from the enemy's fort at Kaskaskia,) 
which he placed under the command of Captain John Rogers, 

venrs. It is as follows: when Governor Hamilton entered Vincennes, there were but two 
AmeVicans there, Caiitain Helm, the coninianfTant, and one Henry. Tlie former had a can- 
non well charced, and placed in the open fort gate, while Hehn stood by it with a lin^hteJ 
match in his hand. When Hamilton and his troops irot witliin sood hailins; distance, the 
American officer in a loud voice, cried out," Halt." This stopped tlie movement of 
Hamilton, wlio, in repiv, demanded a surrender of the jrarrison. Helm e.Kclaimed with 
an oath, "No man shall enter until I know the terms."' Hamilton answered, " You shall 
liave the honors of war:" and then the fort was surrendered with its -rarrison of one ofTi- 
rer, and one private. Such is a specimen of the character of Colonel Clark's followers. 
They were the very choice o!' VirL'inia, and the western frontier. Dangers they scarcely 
counted, and ditticulties presented themselves, but to be overcome. 

* Jefferson's Correspondence, vol. I. page 457. 

t It is grateful to the mind, to record the essential services of Colonel Vigo, who, at the 
advanced aae of eiehivsix. still takes so mucli inten^st in ancient transactions, as at the 
instance of the author^ to iiLSlitute infiuiricsinto them, among hi? compatriots. 



HISTORY op KENTUCKY. 81 

and a company of forty-six men. This party had orders to force 
their way up the Wabash if possible, to station itself a few miles 
below the Mouth of White River, suffer nothing to pass, and 
wait for further orders. 

This expedition being determined on, the French inhabitants 
of Cahokia and Kaskaskia, raised two companies of men, those 
of the former place were commanded by Captain McCarty, and 
those of the other by Captain Francois Charleville. These, added 
to the Americans, made a party of but one hundred and seventy 
men in the aggregate : on the 7th of February, 1779, this forlorn 
hope commenced its march for St. Vincents, over the drowned 
lands of the Wabash, in a wet, though fortunately, not a cold 
season. This dreary and fatiguing march was alleviated by 
the politic management of Clark, who, to divert his men, en- 
couraged parties of hunting, and invitations from the companies 
successively to feasts on game, and war dances of a night, in 
the manner of the Indians. In this way the party^ after incredi- 
ble fatigues, reached the Little Wabash on the 13th; these dif- 
ficulties were, however, nothing to those they still had to en- 
counter. At this point, the forks of the stream are three miles 
apart, and the opposite heights of land five miles in the ordi- 
nary state of the water; at the time of Clark's arrival, the 
interval was covered with water, generally " three feet deep, 
never under two, and frequently over four."* On the 18th, 
the expedition got so near St. Vincents, as to hear the morning 
and evening guns at the fort: and in the evening of the same 
day, reached within nine miles of the town, below the mouth 
of the Embarras river. Great difficulties were now experienced 
in getting canoes, in which to cross the river, and the men re- 
quired all Clark's address and command to keep their spirits 
from failing. Still there was no sight of their galley, and canoes 
could not be built in time to save the party from starving in the 
destitute condition, in which they were. On the 20i;h, the water 
guard bro ight a boat to, from which the most cheering intelli- 
gence was obtained, of the disposition of the inhabitants of St. 

* In the midst of this wadinar, rather than marchin?, a little drummer, who floated 
Along on his drum head, afforded much of the merriment, that helped to divert tha luiad* 
t>fihQ men from their hardship,— JoMrjia J of the march by Major Bowman. 



82 HISTORY OF KENTUCKY. 

Vincents, and the continued ignorance on the part of the eiie-' 
my, of our movement. There was yet a large sheet of water 
to cross, which proved on sounding to be up to the armpits; on 
the report being made, and Clark speaking seriously to an offi- 
cer, the whole detachment caught the alarm, and despair 
seemed ready to possess them. Colonel Clark observing the 
depression on the faces of his men, whispered to one or two 
officers near him to imitate him immediately, in v/hat he was 
going to do; he then took a little powder in his hand, and mix- 
ing it with some water, blacked his face with it, raised an In- 
dian war whoop, and marched into the water, imitated and 
followed by all his men without a. murmur. So much does the 
conduct of men in large bodies, depend upon tho address and 
tone of a commander; this trick of backwoods' invention, com- 
municated a new impulse to the party and they stepped into 
the water with the cheerfulness, which many troops under their 
suflferings, would not, have shewn on land. A favorite song 
was now raised, and the whole detachment sung in chorus: 
when they had got to the deepest part, where it was intended 
to transport the troops in two canoes, which they had obtained ; 
one of the men said he felt a path, (which is said to bo quite 
perceptible to the touch of naked feet,) and it being concluded 
this must pass over the highest ground, the march was con- 
tinued to a place called the Sugar Camp, where they found 
about half an acre of ground, not under water. From this spot, 
another wide plain of water was to be crossed, and what heigh- 
tened the difficulty was, the absence of all timber to afford its 
support to the famishing and fatigued party in their wading. The 
object of all their toils and sufferings was now in sight, and 
after a spirited address, Clark again led the way into the water,, 
still full middle deep. Before ihe third man stepped off, Clark 
ordered Captain Bowman to fall back with twenty-five men, and 
put any man to death, who refused to march, for no coward 
should disgrace this company of brave men. The rrder was 
received with a huzza, and they all pursued their fearless com- 
mander; some times they were cheered with a purposed decep- 
tion by the cry of the advance guard, that the water was grow- 



HISTOBY OE KENTTCKY. 83 

ing shallower; and as they approached nearer, the favorite cry 
of mariners — land — land — was hallooed out. Yet, when they 
arrived at the woods, the water was found up to the shoulder; 
still the support of the trees, and the floating logs for the weaker 
men, were found of the most essential service. To such a de- 
gree of exhaustion had this march through so much, and such 
deep water, reduced the men, that on approaching the bank, 
or rather, the high ground, they would fall on their faces, leav 
ing their bodies half in the water; because no longer able to 
continue their efforts. While resting at a spot of dry timbered 
ground, which the party had reached; an Indian canoe, with a 
quarter of buifalo beef in it, some corn and tallow, was captur- 
ed. This was a prize of inestimable value to men in their ex- 
hausted condition, and it was presently cooked into broth, which 
refreshed the men in the most acceptable manner, small as the 
amount was, to each individual. In a short time a prisoner was 
made of a gunner, who was shooting ducks near the town, and 
Colonel Clark sent by him, a letter to the inhabitants of the 
post, informing them that he should take possession of their 
town that night; and giving notice to all, who were friends to 
the King of England, to repair to the fort and fight like men; 
otherwise, if discovered after this notice, aiding the enemy, 
they would be severely punished. Seldom has frank notice 
been' given to an enemy, and choice afforded to retire to his 
friends; it was resorted to in hopes, that its imposing character 
would add to the confidence of our friends ; and increase the 
dismay of our enemies. So much did it operate in this way, 
that the expedition was believed to be from Kentucky ; it was 
thought utterly impossible, that in the condition of the waters, 
it could be from Illinois. This idea was confirmed by several 
messages under the assumed name of gentlemen known to 
have been in Kentucky, to their acquaintances in St. Vincents; 
nor would the presence of Clark be credited, until his person 
was pointed out by one, who knew him. 

To mask the weakness of the force, the soldiers had their in- 
structions to frame their conversation before strangers, so as to 
lead them to believe, there were at least a thousand men. One 



84 HISTORY OF KE^TTUCKY. 

circumstance occasioned much surprise in the American part}- ; 
that ahhough a great deal of bustle could be perceived in all 
the streets of the town, not a drum was heard, nor a gun was 
fired from the fort; in fact, as was afterwards learned, even the 
friends of the British were afraid to give the garrison notice ot 
Clark's presence. About sunset on the 23d of February, the 
American detachment set off to take possession of the town, 
marching and countermarching round some elevations in the 
plains; and displaying several sets of colors, which had been 
brought by the French volunteers, so as to enhance the appear- 
ance of their numbers ; then taking their course through some 
ponds that were breast high, they encamped on the heights 
back of the town. Still there was no hostile demonstration on 
the part of the British, and there was the utmost impatience 
with the Americans, to unriddle the mystery. For this pur- 
pose, Lieut. Bayley was sent with fourteen men to commence 
the attack upon the fort; but the fire of this party was attribu- 
ted to some drunken Indians, who frequently saluted the fort in 
this manner, until a man was shot down through a port hole ; 
when the engagement began in good earnest on both sides.* 
During the fire, when the American ammunition had become 
very low, owing to a reliance upon the stores in the galley; a 
very fortunate disclosure of powder and balls, which had been 
buried to keep it out of the hands of the British, was made by 
the owners. Colonel Legrass, Major Busseron, and others. The 
Tobacco's son formerly mentioned, now made his appearance, 
and offered his services with a hundred warriors ; the offer was, 
however, declined, though his presence and counsel was de- 

* "There is an amusing anecdote connected with the siege, ilhistrative of the frank and 
fearless spirit of the times; that wliile Helm was a prisoner, and playinj; at piquet with. 
Governor Hamilton in tlie fort, one of ClarK's men requested leave of his commander to 
shoot at Helm's quarters, so soon as they were discovered, to knock down the clay or tlia 
mortar, into liis apple toddy; which lie was sure the Captain, from liis well known fond- 
ness for that (inc liquor, would have on his hearth. It is added, that when theCaptain 
jieard the luillets rattlinj; about the chimney, lie jumped up and swore it was Clark, and 

he would make tliem all prisoners; though the d d rascals had no business to spoil his 

toddy." — Louisville Directory, paije 97. It is added, that when Helm made this exclama- 
tion about Clark, Governor Hamilton asked, "Is he a merciful man?" It seems an in- 
telligence was kept up between Helm and Clark, throuch the medium of Henry's wife, 
who lived in the town; and who had free access to lier husband in the fort. Helm cau- 
tioned the British soldiers apamst lookinjr out at the port lioks; " for," said he, " Clark's 
men will shoot your eyes out;" it accordingly happened, tliat one was shot through the 
ere, on attempting to look out, when Helm exclaimed, " I told you so." — Letter of, Edmund: 
Rogers, Esq., to the author. 



HISTORY OF KENTUCKY. 85 

sired. The fire continued without intermission, except for 
about fifteen minutes before day, until nine o'clock the next 
morning. Our men would lie within thirty yards of the fort, 
and untouched, from the awkward elevation of the platforms of 
the garrison guns; the balls would do no damage but to the 
buildings of the town: while, on the other hand, no sooner was 
a port hole opened, or even darkened, than a dozen rifles would 
be directed at it, cutting down every thing in the way. By this 
terribly concentrated fire, the garrison became discouraged, 
and could not stand to their guns; in the course of the morning 
a fierce demand of capitulation was made by Clark, but firmly 
rejected by Governor Hamilton ; who declared, " he would not 
be awed into any thing unbecoming British subjects." Our 
men were urgent for a storm of the fort, but Clark sternly re- 
pressed such rashness. In the evening, the British officer find- 
ing his cannon useless, and apprehensive for the result of being 
taken at discretion, sent a flag dejiiring a truce of three days. 
This, Colonel Clark thought too iriprudent to grant; although 
he himself expected a reinforcement with artillery on the arri- 
val of his galley: he proposed in return, that the British garri- 
son, should be surrendered at discretion, and that Governor 
Hamilton should with Captain Helm, then a British prisoner, 
meet him at the church. In consequence of this offer the par 
ties, with a iMajor Hay, on the British side, met each other as 
desired; when Clark having rejected the terms offered by Go- 
vernor Hamilton, the latter insisted on some offers from the 
former; Clark peremptorily adhered to the first that had been 
mentioned. Captain Helm attempting to moderate the excited 
feelings between the two officers, was reminded by Clark, that 
he was a British prisoner, and he doubted whether he could with 
propriety, speak on the subject. The British commander then 
said, that Captain Helm was liberated from that moment; but 
Clark refused to accept his release on such terms, and said, he 
must return and abide by his fate. The British officer was 
then informed, that the firing should begin in fifteen minutes 
afler the beating of the drums ; and the gentlemen were taking 
their course to their respective quarters ; Governor Hamilton 

H 



86 HISTORY OF KENTUCKY. 

now called to Colonel Clark, and politely inquired of hinij what 
his reasons were for rejecting the garrison on the liberal terms 
which had been proposed to him. The American officer then 
told him with affected severity, " I know the principal Indian 
partisans from Detroit are in the fort, and I only want an 
honorable opportunity of putting such instigators of Indian bar- 
barities to death. The cries of the widows and orphans made 
bv their butcheries, require such blood at my hands. So sa- 
cred," said Clark, " do I consider this claim upon me for pun- 
ishment, that I think it next to divine, and I would rather lose 
fifty men, than not execute a vengeance demanded by so 
much innocent blood. If Governor Hamilton chooses to risk 
the destruction of his garrison for the sake of such miscreants, 
it was at his pleasure." Upon this. Major Hay exclaimed, 
"Pray, sir, whom do you mean by Indian partisans?" Clark, 
keenly and promptly replied, '-I consider Major Hay one of the 
principal ones." The change in Hay's countenance was in- 
stantaneous, like one on the point of execution; he turned pale 
and trembled to such a degree, that he could scarcely stand. 
Governor Hamilton blushed for his behaviour in the presence 
of officers; and Captain Bowman's countenance expressed as 
much contempt for the one, as respect and sorrow for the other. 
From that moment Clark's resolution relented, and he deter- 
mined in his own mind, to show Governor . Hamilton every 
lenity in his power : he told him, that " they would return to 
their respective posts, and he would reconsider the matter, and 
let him know the result by a flag." Upon the British offer 
being submitted to the American officers, it was agreed that our 
terms should be moderated ; they were accordingly communicated 
to Governor Hamilton, and immediately acceded to by him. 
This capitulation on the 24th of February, 1779, surrendered 
Fort Sackville to the Americans ; the garrison was to be con- 
sidered as prisoners of war. On the 25th, it was taken posses- 
sion of by Colonel Clark, at the head of the companies of Cap- 
tains Williams and Witherington, while Captains Bowman and 
McCarty received the prisoners ; the stars and stripes were 
again hoisted, and thirteen cannon fired to celebrate therecov- 



HISTORY OF EEXTUCKY. 87 

cry of this most important strong hold upon the Indian frontier. 
At this surrender there were seventy-nine prisoners received, 
and considerable stores: on viewing the strength of the fort, 
Colonel Clark was astonished at its easy surrender; but on 
reflection was convinced, that it could have been undermined, 
as the fort was within thirty feet of the river bank. If even 
that attempt had failed, his information was so exact^ that on 
the arrival of his artillery, the first hot shot could have blown 
up the magazine, A few days afterwards. Captain Helm was 
despatched up the Wabash, after a quantity of stores upon their 
way from Detroit; all of which were surprised; and stores to 
the amount of ten thousand pounds sterling, with forty prison- 
ers, were captured. On the return of this successful expedi- 
tion, with the British flags still flying, our galley hove in 
sight, and was preparing for an attack upon the little river 
fleet, supposing it to be the enemy ; but soon the beloved en- 
sign of American freedom was hoisted at the mast head, to 
the joy and triumph of our countrymen. They were only 
mortified to find their services had not been lent in the reduc- 
tion of the post. After this brilliant achievement, over obsta- 
cles which might well have deterred the most energetic of 
commanders* it was not for a moment looked upon as a sufli- 
cient effort, but on the contrary, it was only regarded as a step- 
ping stone to other and richer triumphs. Detroit now presented 
itself in full view, to our bold and indefatigable officer. " Twice 
has this town been in my power," he writes to Governor Jeffer- 
son ; " Had I been able to have raised only five hundred men 
when I first arrived in the country, or when I was at St. Vin- 
cents, could I have secured my prisoners, and only have had 
three hundred good men, I should have attempted it." Recent 
intelligence had informed Clark, that the British force at De- 
troit consisted of but eighty men, many of them invalids, and 
the inhabitants exceedingly well disposed towards the Ameri- 
can interest. Indeed Colonel Clark had determined on com- 
pleting his bold enterprises, by an attack upon this point, with 
his present forces; when receiving despatches from Governor 
Henry, promising a reinforcement of another battalion, to 



88 HISTORY OP KENTUCKY. 

complete the regiment, it was deemed most prudent to postpone 
the expedition, until such an imposing force should arrive. In 
the meantime Colonel Clark embarked on his galley for Kas- 
kaskia, leaving Captain Helm once more in the command of the 
town, and the superintendence of Indian affairs. By these gal- 
lant expeditions Colonel Clark most richly merited the high enco- 
miums of Chief Justice Marshall, " that these bold and decisive 
measures, which, whether formed on a great or small scale, mark 
the military and enterprising genius of the man, who plans and 
executes them." The circumstantial relation of these exploits 
now, for the f^r St time J submitted to the American public, may 
appear to some, as too wide a digression from the plan of this 
history. The author thinks not; for they form an integral and 
a most important part of Kentucky history ; achieved under the 
auspices of our parent state, by a portion of troops drawn from 
this commonwealth, when it, as well as the eastern Illinois,* 
formed a portion of the wide domain of Virginia. Nor does the 
author think, a more cruel mutilation of Kentucky history could 
be committed, than to omit these brilliant Illinois campaigns, 
which contributed so materially to support the settlement of 
Kentucky, by distracting and overawing her savage foes. To- 
the mind of the author, they present some of the most beautiful 
flowers of western history, worthy of the most assiduous eare^ 



CHAPTER VI. 

First Court of Kentucky— Its officers— First Colotiel— Sie^e of Rt. Asaph8,or Logan's 
Station— British rroclaniations— Capture of Boone— Siege of Boonesborough— Laud 
Law — Its Commissioners. 

It is now time to turn our attention to the more immediate 
affairs of Kentucky, the narration of which has been suspended, 
in order to present in one unbroken story, the achievements of 
the great western hero. It has been seen that it was owing to 

* The west side of the Upper Mississippi was railed Western Illinois, under the Span- 
iah government, and that portion on the eastern side, was called Eastern Illinois.— j3n- 
cient Inhabitants. 



IltSTORTf OP KENTtCKY. o9 

his agency, that the executive of Virginia was induced to un- 
dertake the defence of Kentucky at all, and subsequently, that 
the legislature established it, as an integral part of that ancient 
commonwealth. 

Hitherto Kentucky had scarcely formed an object of legisla- 
tive attention to the parent state of Virginia; which was no 
doubt profoundly, and justly engrossed, by the soul-stirring con- 
cerns of that opening revolution, the results of which'have told so 
gloriously not only for the people of the United States, but for 
the freedom and the happiness of the world. Still amidst these 
perilous and tremendous times of social commotion, the legisla- 
ture of Virginia having declared the state independent of Great 
Britain, on June 29th, 1776, in October of the same year es- 
tablished the county of Kentucky, as has been previously men- 
tioned. The limits of the new county, which had previously 
formed a part of Fincastle county, in Virginia, embraced " all 
the country lying south and westward of a line beginning on 
the Ohio, at the mouth of Great Sandy Creek, (now Big Sandy 
River) and running up the same, and the main or northeasterly 
branch thereof, to the great Laurel Ridge, or Cumberland 
mountain ; and with that, to the line of North Carolina," or the 
present State of Tennessee. 

" This may justly be considered an important event in the 
condition of the Kentucky settlers. As a part of Fincastle 
county, they had in fact, no part, or lot, in its police ; nor could 
they vote at elections for representatives — receive military pro- 
tection, or be distinctly heard in the legislature, in consequence 
of their detached situation : but composing a county themselves, 
they, by the constitution of the State, were to be thenceforth 
entitled to two representatives of their own choosing. They 
were also entitled to have a county court of civil jurisdiction 
of matters in both law, and equity— justices of the peace — mi- 
litia officers — sheriff — coroner, and surveyor: in fine, to be a 
civil, and military, municipality, or corporation ; with powers 
competent to their own government, agreeably to the general 
laws of the Commonwealth."* 

* Marshall ], page 47. 

H* 



QQ HISTORY OF KENTUCKY. 

Our first municipal court, under the authority of Virginia, 
went into operation in 1777, at Harrodsburgh ; *• composed of 
six or eight of the most respectable men in the county for lite- 
rary information." These " had been commissioned by the Go- 
vernor of Virginia, as justices of the peace; and who could, 
moreover, hold monthly sessions for the despatch of ordinary 
business. The names of John Todd, John Floyd, Benjamin 
Logan, John Bowman, and Richard Calloway, are recollected 
by Mr. Humphrey Marshall. Levi Todd was appointed the 
fii'st clerk of Kentucky, in its chrysalis condition of a county. 
The requisite officers for a regiment of militia were also com- 
missioned ; of which John Bo\yman was Colpii^],. being the first 
Colonel of Kentucky county.* He promptly placed the citizens, 
whether permanent residents, or not, in companies and battal- 
ions. Thus was organized this infant colony of Virginia, under 
the command of a county lieutenant with the rank of Colonel ; 
no imperfect type of their British ancestors, who had migrated 
to James' Town, and had founded the parent commonwealth. 
Let us for a moment consider the situation of our pioneers at 
this period of their history. They were posted in the heart of 
the most favorite hunting ground of numerous and hostile 
tribes of Indians, on the north and on the south ; a ground en- 
deavored to these tribes by its profusion of the finest game, 
subsisting on the luxuriant vegetation of this great natural park; 
in a fatness, not surpassed by the flocks and herds of agricul- 
tural society. It was emphatically the Eden of the Red man. 
Was it then wonderful, that all his fiercest passions, and wildest 
energies, should be aroused in its defence against an enemy; 
whose success, was the Indian's downfal ? So formidable were 
these enemies, into whose mouth, our handful of hunters, had 
thrown themselves, that they occupied the present territory of 
Tennessee, and the whole northwestern side of the Ohio river ; 
now embracing the states of Ohio, Indiana, Illinois, and the 
territory of Michigan. These territories were then the strong- 
hold of the most ferocious and war-like tribe of Indians on this 
continent. They had frequently wasted the frontiers of the 
* Correspondence of Colonel Logan with Clark. 



HISTORY OF KEXTUCKV. 91 

Carolinas, Pennsylvania, and Virginia, with the tomahawk, 
and with fire. 'Moreover, the enem}'^ was at this time freely 
aided by the arts and treasure of Great Britain, furnished by 
her military officers from Detroit to Kaskaskia. Thus the pio- 
neers of Kentucky, were separated by three or four hundred 
miles of Indian wilderness, from the nearest fort of their coun- 
trymen at Pittsburgh; and fully six hundred miles from the 
seat of government in Virginia, with forests and Indian coun* 
try between. Under these appalling circumstances, may not 
the forlorn and perilous situation of our first settlers, bear some 
honorable comparison with the gallant daring of the fathers of 
our great republic, who led the way across the Atlantic wave, 
and founded the empire of freedom, at James Town, and at 
Plymouth? 

It was the turn of Ix^an's fort next, to experience an attack 
by about the same number of Indians, and probably by the same 
party which, had so recently invested Boonesborough, and at- 
tacked Harrodsburgh.* The garrison at that time consisted of 
fifteen men only. The two other principal forts were each 
kept in a state of alarm by the Indians, so that no assistance 
could be afforded by the one to the other. The distresses of 
the inhabitants, particularly of the women and children, may 
faintly be conceived; cooped up at this period of the year, in 
their confined stations, and suri-ounded by a merciless foe. 
" But aided by Logan, and encouraged by his example, the 
little handful under his command, not exceeding thirty-five, the 
men less than half this number, would not complain, much less 
despair." What must have been tlie joy of these beleaguered 
forts, when on the 25th of July, 1777, a party of forty -five re- 
cruits arrived at Boonesborough, from North Carolina ! The 
Indians made their attack upon Logan's fort, with more tlian 
their usual secrecy, while the women, guarded by a part &£ the 
men, were milking the cows outside of the fort; they were sud- 
denly fired upon by a large body of Indians, till then concealed 
in the thick cane which stood about the cabins. By this fire, 
one man was killed and two others wounded, one mortally ; the 

*HarshallIvpasc49. 



W5 HISTORY OF KE>TUCKY. 

residue, with the women, got into the fort. When, having 
reached the protection of its walls, one of the wounded men 
was discovered, left alive on the ground. Captain Logan 
distressed for his situation, and keenly alive to the anguish of 
his family, who could see him from the fort, weltering in his 
blood, exposed every instant to be scalped by the savages, 
endeavored in vain for some time to raise a party for his res- 
cue. The garrison was, however, so small, and the danger so 
appalling, that he met only objection and refusal; until John 
Martin stimulated by his Captain, proceeded with him to the 
fort gate. At this instant, Harrison, the wounded man, ap- 
peared to raise himself on his hands and knees, as if able 
to help himself, and Martin withdrew, deterred by the obvious 
hazard; Logan, incapable of abandoning a man under his com- 
mand, was only nerved to newer and more vigorous exertions 
to relieve the wounded man who, by that time, exhausted by 
his previous efforts, after crawling a few paces, had fallen to 
the ground: the generous and gallant Captain took him in his 
arms, amidst a shower of bullets, many of which struck the 
palisades about his head ; and brought him into the fort to his 
despairing family. Shall an action of this high wrought mag- 
nanimity, tell less honorably to the human heart, because it 
was performed on a small scale ? Shall it weigh less in moral 
estimation, because two men were concerned, instead of hun- 
dreds or thousands? To the mind of the author, the essence 
of exalted feeling and affectionate devotion is the same upon all 
scales of action; and the numbers upon whom it may have 
operated, are only one of the extrinsic circumstances. 

Another danger now assailed this little garrison — "there was 
but little powder or ball in the fort; nor any prospect of supply 
from the neighboring stations, could it even have been sent for, 
without the most imminent danger." The enemy continued 
before the fort; there was no ammunition nearer than the set- 
tlements on Holston, distant about two hundred miles ; and the 
garrison must surrender to horrors worse than death, unless a 
supply of this indispensable article could be obtained. Nor 
was the task very easy to pass through so wily an enemy, or 



niSTOKY OP KENTUCKY. 93 

the danger and difficulty much lessened, when even beyond the 
besiegers; owing to the obscure and mountainous way, it was 
necessary to pass, through a foe scattered in almost every di- 
rection. But Captain Logan was not a man to falter where du- 
ty called, because encompassed with danger; with two compa- 
nions he left the fort in the night. With the sagacity of a hun- 
ter, and the hardihood of a soldier, he avoided "the troddea 
way by Cumberland Gap, which was most likely to be waylaid 
by the Indians," and explored his passage over the Cumberland 
Mountain, where no man had ever travelled before, through 
brush and cane, over rocks and precipices, sufficient to have 
daunted the most hardy and fearless. In less than ten days 
from his departure. Captain Logan having obtained the desired 
supply, and leaving it with directions to his men, how to conr 
duct their march, arrived alone and safe at his '^diminutive ita- 
tion," which had been almost reduced to despair. The escort 
with the ammunition, observing the directions given it, arrived 
in safety, and the garrison once more felt itself able to defend 
the fort and master of its own fortune. Still, they were under 
the necessity of hunting for their support, which daily exposed 
them to the Indians, who infested the whole neighborhood. la 
this situation, the fort remained from the 20th of May until th« 
month of September; when, most unexpectedly, ColonelJohn 
Eowman arrived with a reinforcement of one hundred men. A 
detachment of these, considerably in advance of the main body, 
upon its approach to the fort, was fired on by the besiegers and 
several of them killed ; the rest made their way into the place 
which soon led to the dispersion of the enemy. On the dead 
body of one of the detachment, were found proclamations by 
tlie British Governor of Canada, offering protection to such of 
the inhabitants, as would abandon the rebellious colonies, and 
denouncing vengeance against those who refused. Thus was 
announced to the western people, that the Indians and British 
were united in the war against them. Logan, upon receiving 
the papers from the man who found them, thought it most pru« 
dent, in the harrassed and distressed state of the garrison, 
rather than of the country, to conceal theia* contents. 



94 HISTORY OF KE?fTUCKY. 

The assistance of Colonel Bowman, was but temporary ; "his 
men wefe engaged but for a short time, and much of that had 
expired on the road;" when their term of service had been 
completed, they immediately returned to their homes. Thus a 
short,time *'depriv ed the garrison of its auxiliaries, and the fort 
was left to its resident inhabitants ;" the Indians had not with- 
drawn from the country ; and yet, under this accumulation of 
distress, their ammunition was again nearly exhausted. "Again 
Logan left his family and his fort," for the settlement on Hol- 
ston, and with his usual promptitude and energy, obtained, what 
he sought and returned again, in safety to his expecting friends. 
''Soon after his return, his force was augmented by a party un- 
der ^Montgomery," which must have given peculiar anima- 
tion to the garrison after the departure of Colonel Bowman's 
troops. 

■ A second attack was now made upon Boonesborough on the? 
4th of July, by an Indian force of two hundred warriors. In 
this attempt, the garrison, not half the number of the enemy,, 
•lost one man, and had two wounded; while the Indians had se- 
ven killed, as was seen from the tort, although removed from 
the ground agreeably to the custom of the enemy. This siege 
Jasted ^'two days and pi^hts," when the Indians "losing all 
'hope of success tumultuously," departed concealed by the ad- 
jacent hills. 

"Notwithstanding these various sieges, the fields adjacent to 
the forts, were cleared of their timber, and cultivated in corn 
»and vegetables," — some keeping guard, while others laboured, 
and each taking his turn as a hunter, at great hazard. Yet, 
amidst these multiplied and hidden dangers, the intrepidity of 
our hunters found it a relief, to take an equal chance with the 
enemy in the woods. "They thought themselves the best niarks-^ 
men, and as likely to see the Indian first, as to be seen by him ; 
while the first sight was equivalent to the first fire, and the most 
expert shooter held the best security for his. life." The In- 
dians had become shy in exposing themselves before the gar^ 

•Possibly John Montgomery, who commanded a company in the Illinois battalion and 
was afterwards Lieutenant Colonel in the Regiment of the same name. 



HISTORY OF KENTUCKY. 95 

risen ; and even in the woods, took some precautions to avoid 
rencounters with equal numbers. 

On the close of this most eventful year, " the Indians disap- 
peared for a while :" and the only permanent settlements yet 
formed in Kentucky, were at Boonesborough, with twenty-two 
men; at Harrodsburgh, with sixty-five; and at Logan's fort, 
or St. Asaphs, with fifteen. In this army of Kentucky, 
amounting to one hundred and two men, a i^Q\y less than the 
first band of Plymouth pilgrims ; the occasional militia from the 
nearest settlements, who had returned home in the autumn, 
are not estimated. 

With this small number of fighting men in the country, no lan- 
guage can describe the distress, which was felt when intelligence 
was received of the capture of Daniel Boone, with twenty-seven 
men at the Lower Blue Licks. The circumstances of this heavy 
misfortune were, that Boone, on the 1st January, 1778, had with 
thirty men, gone to these Licks *" to make salt for the different 
garrisons in the country, where the people were in great want of 
that article, without the prospect of supply from abroad." The 
7th of the ensuing February, as he was hunting for the support 
of the salt-makers, he fell in with a large Indian party with two 
Frenchmen, on its march to attack for a third time, the devoted 
Boonesborough. At this moment the Indians particularly wanted 
a prisoner, who might give them intelligence ; and while Boone 
fled some of their swiftest warriors pursued, and overtook him. 
Eight days afterwards, they brought Boone to the Licks , where 
twenty seven of his men surrendered as prisoners, by previous 
capitulation, in which they were promised life, and good treat- 
ment. The other three men of the party, had been sent home 
with the salt, which had been made. 

The Indians most fortunately for Kentucky, instead of push- 
ing their advantage against the weakened forts, and with such 
precious pledges in their possession, sweeping the land by the 
threats of massacreing their prisoners; elated with their suc- 
cess, they proceeded to Chilicothe on the Little Miami. In 
justice to our ferocious foes, it must be observed, that during a 

* Boone'B Narrative, page 18. 



96 HISTORY OP KENTUCKY. 

march of three days in cold and inclement weather, they treated 
the prisoners, as they did themselves; *" the generous usage" 
says Boone, " the Indians had promised before in my capitular 
tion, was afterwards fully complied with." An instance of 
Indian faith, a continuance of which, might have saved both 
belligerents many ruthless scenes. 

Early in June, 1778, a party of four hundred and fifty war- 
riors assembled at Chilicothe, armed and painted in their usual 
terrific manner, for another expedition against the marked 
and signal object of Indian resentment and hostility — Boone's 
fort on the Kentucky river. Now for once Captain Boone 
derived pleasure from his captivity, as it gave him informa- 
tion of the utmost importance to his garrison; "and which 
he determined at all hazards, to convey to it, in order to save 
it from destruction." " On the 16th of the month, before 
Bun rise I departed," says the pioneer, *' in the most secret 
manner, and arrived at Boonesborough on the 20th, after a 
journey of one hundred and sixty miles, during which, I had 
but one meal." Never could an escape have been more provi- 
dential for the rede nption of our forlorn pioneers; the jfort 
was in a bad state of defence; they proceeded, however, " to 
repair its flanks, strengthen its gates and posterns, and to form 
double bastions; all of which was completed in ten days." At 
length one of the white prisoners escaping from the enemy, 
informed our people that they had, on learning Boone's elope- 
ment, " postponed their expedition three weeks." The Indians 
had spies out viewing our movements, and were greatly alarm- 
ed at our increase in number and fortifications. " The grand 
councils of the nation were held frequently, and with more 
deliberation than usual. They evidently saw the approaching 
hour, when the Long Knife would dispossess them of their de- 
sirable habitations ; and anxiously concerned for futuri y, deter- 
mined utterly to extirpate the whites out of Kentucky." Our 
forlorn band was not intimidated at the fearful odds opposed to 
them; but in the face of so formidable an invasion, as was im- 
pending over them, Captain Boone, about the 1st of August, 

* Boone's Narratire, page 19. t Idem, page 91. 



HISTORY OP KENTUCKY. 97 

1778, made an incursion into the Indian country, with a party 
of nineteen men, in order to surprise a small town on the 
Scioto, called Paint-Creck-Town. " We advance'l," says he, 
" within four miles thereof, where we met a party of thirty 
Indians, on their march against Booncsborough, intending to 
join the others at Chilicothe, A smart fight ensued betwixt us 
for some time; at length the savages gave way and fled." 
Learning from two of his spies, who had been sent oa to the 
town, that the Indians had deserted it, Boone returned with all 
possible expedition to assist the garrison at home. On the 6th 
of August, he passed a mixed party of Canadians and Indians, 
and on the 7th day, the party arrived safe at Booncsborough. 
Could active enterprise have been more gallantly displayed at 
the head of thousands, than by this sagacious and intrepid Cap- 
tain of rangers? In the face of an enemy, twenty times his 
force, he carried the war into the enemy's country.* 

"On the 8th of August, 1778, the Indian army (if the term is 
not hyperbolical) arrived, consisting of four hundred and forty- 
four men, commanded by Captain Duquesne, eleven other 
Frenchmen, and some of their own chiefs; and marched up 
within view of our fort, with British and French co'ors flying." 
Boone was summoned in His Britannic Majesty's name, to sur- 
render his fort; he requested two days for consideration, which 
were granted. It was now indeed, in the language of Boone, 
"a critical time" with the besieged : their numbers were small, 
the army before the walls powerful, "fearfully painted, and 
marking their footsteps with desolation." Death was, how- 
ever, preferable to captivity among such an enemy, and this 
could but be their fate, when the fort should be taken by storm. 
The party, therefore, concluded to maintain the garrison to the 
last extremity. The horses and cattle were collected and 
brought into the fort; and on the evening of the 9th, Boone re- 
plied to the summons of surrender, that " they were determined 
to defend their fort while a man was living." Contrary to all 
expectations, the garrison was then informed, that " it was the 

* Boone's Narrative, page 23. 
I 



98 HISTORY OF KE^rrrcKY, 

orders of Governor Hamilton (the British officer at Detroit; to» 
take them captive, and not to destroy them;* but if nine of u» 
would come out and treat with them, they would immediately 
withdraw their forces from our walls, and return home peacea- 
bly/' Although this is the exact statement of Captain Boone, 
it almost surpasses belief, that so prudent a commander, should 
have listened to so insidious a proposal, carrying deception j 
palpably on its face. Yet the enemy's proposition was em- 
braced ; and a treaty concluded within sixty yards of the fort. 
The Indians then came forward and informed Boone, " that it 
was customary with them on such occasions, for two Indians to 
shake hands with every white man in the treaty, as an evidence 
of entire friendship, they immediately grappled us" says Boone, 
" but although surrounded by hundreds of savages, we extricated 
ourselves from them, and escaped all safe into the garrison ; 
except one that was wounded," under a heavy fine from the 
enemv. The escape was as wonderful, and in defiance of all 
rational probabilities, as the exposure had been weak and credu- 
lous, to an extreme. The whole transaction evinces an unac- 
countable confidence on the part of Boone, only equalled by 
the awkward treachery of his antagonists. Well may Mr, Mc- 
Clung, in his most interesting and lively " Sketches of Western 
Adventure," observe, |"that there seems to have been a con- 
test between Boone and Duquesne, as to which should shew 
the greatest quantum of shallowness. The plot itself was un- 
worthy of a child, and the execution beneath contempt." Boone, 
however, is said to have suspected treachery, and to have sta- 
tioned a guard, and taken arms to repel it. 

The enemy " now attacked us on every side, and a constant 
fire ensued between us, day and night, for the space of nine 
days." During the seige an attempt was made to undermine 
the fort, which stood only sixty yards from the river bank; as 
soon as this was discovered by themuddiness of the water, pro- 
duced by the excavated clay; a trench was cut to intersect the 
mine in the bank of the river. When the besiegers found out 
this, by the clay thrown out of the fort, they desisted from their 

* Boone'a Narrative, page 2?. t Sketches, page 63. , t' 



HISTORY OF KENTUCKY. 99 

Stratagem, and on the 20th day of August, raised the siege and 
departed. During this formidable siege, which seemed to 
threaten so dreadfully, the garrison "had but two men killed, 
and four wounded; besides a number of cattle" destroyed. A 
degree of injury almost incredibly insignificant, under such 
fearful odds of numbers; while the enemy's loss amounted to 
<* thirty- seven killed, and a great number wounded." One 
hundred and twenty-five pounds of bullets were picked up about 
the fort, besides those which had penetrated into the logs of 
the walls." Thus most fortunately terminated, an expedition 
strong enough, under a persevering and energetic commander, 
with suitable followers, to have stormed every fort in the coun- 
try; and to have swept it clean of the white man. Providence 
ordered it otherwise, and- as the author confidently believes, for 
the good of mankind ; which can never be extensively promoted 
under the dominion of the ignorance, the brutality, and the fe- 
rocity, incident to a savage state. Sickly must the benevolence 
of that bosom be, which sighs over the triumphs of civilization, 
even in its ruder forms ; for they are the harbingers of brighter 
and better days of diffusing light, and learning, and religion. 

The Fall of 1779, was memorable for the removal of a great 
many families from the interior of Virginia and from the neigh- 
boring States.* This extended emigration is attributed to the 
law then adopted by Virginia respecting the disposition of her 
vast empire of new and unappropriated lands. "By this law, 
commissioners were to be appointed to hear and determine, all 
disputes relative to land claims, and to grant certificates of hav- 
ing settled in the country and of rights to purchase before oth- 
ers; or pre-emption claims, as they were called, to those enti- 
tled to receive them."t The county of Kentucky, then synony- 
mous w^ith the subsequent boundaries of the State, was placed 

* Three hundred larse family hoats arrived during the ensuini Spring at the Falls; and 
as many as ten or fiftoen wagons could he seen of a day, iroing from them. By this 
time, there were six stations on Bearirrass Creek, witiia population of six hundred men. 
The price of corn Huctuated from fifty dollars per bushel, in December, 1779, to one hundred 
arid sixty-five dollars per bushel, in January, 1780, and thirty dollars in May. These prices 
were at a season of obstructed navigation, and in depreciated paper; but its value in gold 
and silver is not known. — Colonel Floyd's Correspondence. 

fMarshall, I, 97. 



100 HISTORY OF KET?TUCKY. 

under the jurisdiction of this board, composed of four members 
with appropriate judicial powers. This Court had jurisdiction 
on these most interesting matters involving the whole real es- 
tate of the country, without appeal j unless where one of the 
parties could not procure the attendance of witnesses ; in which 
case, the claim was to be adjourned to the General Court for fi- 
nal decision. Exceptions were made in favor of military offi- 
cers in the service of the United States or the State of Virginia, 
who had a year from their resignation or discharge to perfect 
their claims. These privileges interfering so much with the 
rights of innocent parties, were afterwards limited. The com- 
missioners appointed to execute this momentous trust for Ken- 
tucky, were William Fleming, Edmund Lyne, James Barbour, 
and Stephen Trigg, all resident in other parts of Virginia. On 
the 13th of October, this great land court was opened at St. 
Asaph's; and John Williams , Jr. was appointed clerk. Some 
specimens of their adjudications shall be presented for the cu- 
riosity of their nature. The first claim presented, was that of 
Isaac Shelby, (afterwards twice governor of the State,) to a set- 
tlement and pre-emption, as it was termed, /or raising a crop 
of corn in the country in 1776. It was granted: these techni- 
cal terms in the land law of Virginia, require explanation to a 
general reader. A settlement, consisted in an allowance of 
"four hundred acres, or such smaller quantity, as the party may 
choose to include his improvement or cultivation, granted to any 
person, who should, at any time before the 1st of January 1778, 
have really and bona fide settled himself or his family, upon 
any waste and unappropriated lands on the Western waters, to 
which no other hath any legal right or claim." For this grant, 
two dollars and a quarter per hundred acres, were exacted by 
the State. A pre-emption was nothing more than a right 
(which every person entitled to a settlement possessed,) to pay 
the State price for any quantity of land adjoining his settlement, 
not exceeding one thousand acres. These latter claims were 
to be paid for, at the rate of forty dollars per hundred acres; 
various other most equitable and beneficent provisions were en- 
acted for other claimants on the bounty of the State. Yet with 



HISTORY OF KENTUCKY. 101 

this generous character plainly represented on the face of the 
land law, even to an overflowing of charity and consideration 
for the poor, selling them farms even on these low terms, upon 
credit,- never was a measure of legislation so fruitful of curses 
and calamities to any community of people as the land law of 
Virginia. It has proved a perfect Pandora's box to Kentucky, 
constantly tricking her industrious and enterprising citizens 
out of the fruits of their brave and hardy exertions; distracting 
our courts and legislatures with its endless perplexities and re- 
finements. But of this on another occasion. The court of land 
commissioners assembled at different parts of the county from 
Harrodsburgh to the Falls, and on the 26th of January, 1780, 
declared its dissolution, after having adjudicated upon three 
thousand land claims. 

About the 1st of April, 1779, a block house was built where 
the neat and beautiful city of Lexington now adorns the State 
with her literary and scientific institutions. Here a settlement 
was begun under the auspices of Robert Patterson, who was 
an early and meritorious adventurer, much engaged in the de- 
fence of the country. Colonel Patterson was joined by the 
McConnel's, Lindsey's and James Masterson ; soon after, Major 
John Morrison, removed his family from Harrodsburgh, and 
Mrs. Morrison was the first white female settled in Lexington. 

This name was given to commemorate the battle of Lexing- 
ton, in Massachusetts, at the commencement of the Kevolu- 
tionary war. A name finely calculated to perpetuate the no- 
blest of the patriotic associations, for which, the people of Lex- 
ington have ever been distinguished.* 

♦Lexington consisted at this time, of three rows of houses or cabins; the two outer 
rows constituted a portion of the walls of the stoclvade. These extended from the corner 
of the city, now known by the name of Levy's corner, to James Masterson's liouse, on 
Main Street. The intervals between the liouses were stockaded; the outlet a puncheon 
door with a bar to secure it. A block bouse commanded the public sprini;, and a com- 
mon field included the site of the present court-house. The discipline about the fort, is 
however, Said never to have been very rigid: nor was Uie fortitication very strictly kept 
in order. 

It is not generally known, that the southwestern part of the State was settled as early 
as 1782. In the testimony on record, in the case of Craddock asainst William Russell's 
heirs, in the Court of Appeals, Colonel Abraha:n Smart deposed that, his father had, at 
that time, settled on Red river; and about five miles above the mouth of the Elk fork of 
Red river, southwest of the present town of ilusselvillc. Its noble spring was well known 
in 178L 

To this may be added the following information respecting the same section of Ken- 
tucky. Judge Underwood informs the author, that liis uncle, Edmund Rogers, bad ob- 



102 HISTORY OF KEXXrCKY. 

Bryant's station, about five miles north-eastward of Lexing- 
ton, was settled by the Bryants in 1779, and several stations 
were erected in the neighborhood of the present town of Dan- 
ville. This notice must suffice for the rise of our towns, now 
merging fast into the general settlement of the country in its 
wide extent. 



CHAPTER VII. 



Colonel David Rogers' Expedition to New Orleans— Defeat— Captain Benham— Colonei 
Bowman's Expedition— Colonel Byrd's Expedition up Lickins— General George Ro- 
pers Clark's marrh from Fort Jefferson— Shuts up the Land Office at Harrodsburgh— 
Expedition against Pickaway. 

The annoyance of the Indians still continued, occasionally 
infesting the stations, and intercepting the traveller and the 
hunter; yet the people pursued their business in the midst of 
hostility. 

There was a melancholy illustration of this, in an encounter 
of memorable fatality, which took place betsveen a large party 
of Indians and Colonel David Rogers and Captain Robert Ben- 
ham,* commanding a couple of keel boats loaded with military 
stores, and manned by about one hundred men. The former 
officer had been despatched by the Executive of Virginia in the 
preceding year, to New Orleans, for the purpose of procuring 
supplies from the Spanish government at that place; in order 
to support the military posts on the Upper Ohio, and the Mis- 
sissippi. This is mentioned in a letter of Governor Henry ad- 
dressed to Lieutenant Colonel Clark, and dated January 15th, 

served the following circumstances, before there was any settlement south of Green ri- 
ver. "There was a beech tree standing in a bottom on the margin of the east fork of the 
south branch of Little Barren river,.about a quarter of a mile from Edmunton, in Barren 
county, which had upon it the name of "James McCall, of Mecklenburg county, North- 
Carolina, June 8th, 1770." These words were cut in very handsome letters, with several 
initials of other names. Also on the Sulphur fork of Bays fork of Big Barren river, at 
or near the Sulphur Lick, now in Allen county, south-east of BowHng-Green, the follow- 
ing words were touud by the same ancient settler, cut in the bark of a beech tree — "Jame? 
McCall dined hereon his way to Natchez, June the 10th, 1/ <0." Judge Underwood when 
a boy, has frequently seen these memorials of early visiters to Kentucky. The party 
must, in all probability, have perished; unless some record of their visit, may be preserved 
in North Carolina." 

* The father of Joseph S. Benham, Esq,, of the Lotiisville Bar. 



IttSTORY OP KENTUCKY. 103 

1778. *When Rogers arrived at the mouth of the Ozark, since 
called Arkansas ; he sailed up that river, some twelve or eigh- 
teen leagues, to the head of the back water, or overflown ground ; 
and there he deposited his boats, and stationed his men, 
and proceeded with six or seven, including Captain Robert 
Benham, down the Mississippi to New Orleans. When he 
arrived at that city, he found a British sloop of war in the port, 
the Captain of which, suspicious of the object of an American 
party from such a direction, (a circumstance of no common oc- 
currence at that day,) watched his movements narrowly, and 
impeded his business w'ith the Spanish officers. For although 
they were privately disposed to promote the American interests ; 
yet as the courts of Madrid and London were not openly at 
war, embarrassment was unavoidable in the presence of a Bri- 
tish force.j The situation of Major Rogers was truly critical 
and perplexing; under these circumstances, he found it neces- 
sary to send Captain Benham through the appalling extent of 
Indian country, on the west side of the Mississippi, with des- 
patches (it is conjectured) for the government of Virginia. 
Benham, with the hardihood characteristic of the times, subsist- 
ing principally on Indian corn boiled in lye, to save it from 
the weavil, passed through the Indian wilderness, reached 
Kaskaskia, then under the American arms; and proceeded 
to the Falls of Ohio, in the spring of 1779. Soon after his 
arrival at this place, owing to some unexplained success: 
Colonel Rogers, with two keel boats, ascended to the same 
place, on his return to Pittsburgh, and most joyfully took 
Captain Benham on board. The latter gentleman was then 
placed in command of one of the boats, and the little American 
squadron, the second escort of military supplies procured by 
our countrymen from New Orleans, moved on its destination 
up the Ohio. When Colonel Rogers reached the sand bar 
above the present city of Cincinnati, he found it bare more than 
half the width of the river. He now discovered a number of 
Indians on rafts and in canoes, coming out of the mouth of the 
Little Miami river, which was then high, and shot its waters, 
* Judge Dunlavy, of Ohio, f The declaration of war took place January 16th, 1779. 



104 HISTORY OF KENTtJCKV. 

and consequently the Indians on their craft, nearly across the 
Ohio river. On seeing the enemy, Colonel Rogers ordered his 
men to land and attack them ; thinking he would be able to 
surprise them. But on landing and marching through the wil- 
lows with which the bar was then covered j and before they arriv- 
ed at the place where they expected to meet the Indians; they 
were themselves surrounded by nearly five times their number. 
The enemy quickly despatched the greatest part of the crew 
with Colonel Rogers. The remainder endeavored to retreat to 
the boats; but they were pursued too relentlessly with the toma- 
hawk. One of the boats, however, escaped with two men and 
reached the Falls. Not more than nine or ten ever returned 
to their families and friends. It may be safely affirmed, that 
the annals of Indian or border warfare contain not a bloodier 
page. Compared with the battle of the Blue Licks, Rogers' 
defeat was undoubtedly the more disastrous. 

In both instances the success of the Indians may be attributed 
more to the nature of the battle ground, than to their numerical 
superiority. They lay encamped at the foot of the river hill, 
a few hundred yards from its bank, on which Rogers and his 
men stood anxiously watching the rafts and canoes mentioned 
above; in this situation the Indians had only to ^anA; to the 
right and left from the base of the hill to the river (a manoeuvre 
which they always perform with skill and celerity) to secure 
their prey. Thus hemmed in, surrounded and surprised, it is 
only astonishing, considering the disparity of numbers, that 
they were not all massacred. 

Leonidas in the straights of Thermopylae, had not to contend 
with more discouraging circumstances than the brave and un- 
fortunate Rogers in this bloody horse-shoe. The Indians took 
and plundered one of the boats by which they got considerable 
booty, consisting of ready-made clothing and munitions of war, 
which Colonel Rogers had obtained from the Spaniards for the 
use of the forts on the frontier of Virginia. It is a little remark- 
able, that only a few years ago, after one of the periodical 
freshets, several gross of metal buttons were found on the bar 
where they had been buried ever since the battle. They were 



HISTORY OF KENTUCKY. 105 

deposited by the fisherman who found them in Mr. Dorfuille's 
Museum at Cincinnati. It ma}'^ be asked what could have em- 
bodied on the bank of the Ohio, at so early a period, four or 
five hundred Indian warriors, armed and equipped for battle? 
They were from a predatory incursion against the white settle- 
ments in the interior of Kentucky — an expedition which they had 
undertaken in the vain expectation of extirpating the settlers. 
A block-house in the vicinity of Lexington had been beleaguered 
by them for several days. The chief of this daring band of marau- 
ders was a Canadian Frenchman of the half-blood by the name 
of Birde. Born and reared among savages, he was alike dis^ 
tinguished for cunning and ferocity,* qualities which are sup- 
posed to be somewhat peculiar to this mongrel breed. Such, 
however, was the outline of his character as drawn by Colonel 
Campbell, whom he carried a prisoner to Detroit, and who was 
treated by him on the way in a most barbarous manner.*' 

Captain Benham shortly after breaking through the enemy's 
line, was dangerously wounded through the hips.t t"Fortunate- 
ly, a large tree had lately fallen near the spot where he lay, and 
with great pain, he dragged himself into the top, and lay con- 
cealed among the branches. The Indians, eager in pursuit of 
the others, passed him without notice, and by midnight all was 
quiet. On the following day, the Indians returned to the battle 
ground, in order to strip the dead and take care of the boatSv 
Benham, although in danger of famishing, permitted them ta 

* Letter of Joseph S. Benham, Esq. f McClung's Sketches. 

X The suffering of Captain Renham, who in this battle was dangerously wounded in 
the left hip, and lay for several weeks at the mouth of Licking before he was removed to 
the Falls, is well known. His companion in distress, whose arms were broken, is still 
alive, and resides in the town of Brownsville, Pennsylvania, which, at the time he jomed 
Rogers' expedition, was the ultima thule of western civilization, or rather, emigration. 

Captain Benham left the Falls as soon as his wound would permit, and returned home 
by the way of New Orleans. About twenty years after, ho again returned to the west in 
General Uarmar's campaign. In 1790, he was appointed Commissary General to the 
Army under the command of General St. Clair, and ho continued in the service perform- 
ing the most arduous and responsible duties until after the treaty of Greenville, which 
put a period to this bloody sequel to the war of Independence. In St. Clair's defeat, at the 
request of the General w'hen the army was surrounded, he mounted his horse and was 
among the foremost in leading on the bloody charge which broke through the enemy's 
lines, and saved the renmant of our troops. Here he was aijain wounded. But few have 
braved more, and endured more, and contributed more, in the exploration, conquest, and 
settlement of the western country, than this adventurous pioneer. He was many years 
a useful and leading member of the territorial and state legislatures of Ohio. He lived to 
see the wilderness, which he had assisted in conquering from the aborigineBj " budding 
and blossoming as the rose." 



106 HISTORY OF KEXTUCKY. 

pass without making known his condition, very correctly sup- 
posing that his crippled legs, would only induce them to toma- 
hawk him upon the spot, in order to avoid the trouble of carry- 
ing him to their town. He lay close, therefore, until the even- 
ing of the second day, when perceiving a raccoon descending 
a tree, niear him, he shot it, hoping to devise some means of 
reaching it, when he could kindle a fire and make a meal. 
Scarcely had his gun cracked, however, when he heard a human 
cry, apparently not more than fifty yards off. Supposing it to 
be an Indian, he hastily reloaded his gun, and remained silent, 
expecting the approach of an enemy. Presently the same voice 
was heard again, but much nearer. Still Benham made no re- 
ply, but cocked his gun and sat ready to fire, as soon as an ob- 
ject appeared. A third halloo was quickly heard, followed by 
an exclamation of impatience and distress, which convinced 
Benham that the unknown must be a Kentuckian. As soon, 
therefore, as he heard the expression "whoever you are — for 
God's sake answer me !" — he replied with readiness, and the 
parties were soon together. Benham, as we have already oh~ 
served, was shot through both legs! — the man who now appear- 
ed, had escaped from the same battle, with both arms broken! 
Thus each was enabled to supply what the other wanted. Ben- 
ham having the perfect use of his arms, could load his gun and 
kill game, with great readiness, while his friend having the use 
of his legs, could kick the game to the spot where Benham sat, 
who was thus enabled to cook it. When no wood was near them, 
his companion would rake up brush with his feet, and gradually 
roll it within reach of Benham's hands, who constantly fed his 
companion, and dressed Ms wounds, as well as his own — tearing 
up both of their shirts for that purpose. They found some dif- 
ficulty in procuring water, at first — but Benham at length took 
his own hat, and placing the rim between the teeth of his com- 
panion, directed him to wade into the Licking, up to his neck, 
and dip the hat into the water (by sinking his own head.) The* 
man who could walk, was thus enabled to bring water, by 
means of his teeth, which Benh im could afterwards dispose of 
as was necessary. 



HISTORY OF KENTUCKY. 107 

In a few days, they had killed all the squirrels and birds 
within reach, and the man with the broken arms, was sent out 
to drive game within gunshot of the spot, to which Benham was 
confined. Fortunately, wild turkeys were abundant in those 
woods, and his companion would walk around, and drive them 
towards Benham, who seldom failed to kill two or three of each 
flock. In this manner, they supported themselves for several 
weeks, until their wounds had healed, so as to enable them to 
travel. They then shifted their quarters, and put up a small 
shed at the mouth of Licking, where they encamped until late 
in November, anxiously expecting the arrival of some boat, 
which should convey them to the Falls of Ohio. 

On the 27th of November, they observed a flat boat moving 
leisurely down the river. Benham instantly hoisted his hat 
upon a stick and hallooed loudly for help. The crew, however, 
supposing them to be Indians — at least suspecting them of an 
intention to decoy them ashore, paid no attention to their sig- 
nals of distress, but instantly put over to the opposite side of 
the river, and manning every oar, endeavored to pass them as 
rapidly as possible. Benham beheld them pass him with a sen- 
sation bordering on despair, for the place was much frequented 
by Indians, and the approach of winter threatened them with 
destruction, unless speedily relieved. At length, after the boat 
had passed him nearly half a mile, he saw a canoe put off' from 
its stern, and cautiously approach the Kentucky shore, evi- 
dently reconnoitering them with great suspicion. He called 
loudly upon them for assistance, mentioned his name and made 
known his condition. After a long parley, and many eviden- 
ces of reluctance on the part of the crew, the canoe at length 
touched the shore, and Benham and his friend were taken on 
board. Their appearance excited much suspicion. They 
were almost entirely naked, and their faces were garnished 
with six weeks growth of beard. The one was barely able to 
hobble upon crutches, and the other could manage to feed him- 
self with one of his hands. They were instantly taken to 
Louisville, where their clothes (which had been carried off' in 
the boat which deserted them) were restored to them, and after 
a few weeks confinement, both were perfectly restored." 



108 HISTORY OF KENTUCKY. 

To punish these attacks, an expedition was appointed against 
Old Chilicothe, on the Little Miami; to be commanded by Colo- 
nel John Bowman. The rendezvous was fixed at Harrods- 
burgh for the people of the interior. Benjamin Logan, John 
Holder, James Harrod, and John Bulger, were Captains. 
George M. Bedinger acted as adjutant, and some of the best 
men in the country engaged as private soldiers, to the number 
of three hundred. This was the first offensive expedition from 
Kentucky, since the spirited incursion of Boone, previous to the 
last siege of Boonesborough, during the preceding year. 

Great expectations were entertained of this expedition in 
Virginia.* Some of its officers were among the most success- 
ful and efficient in Kentucky : such as Logan and Harrod. The 
party marched in the month of July, with their provisions on 
their backs ; they were well acquainted with the ground where 
it was intended to strike the blow ; and the movements were so 
well conducted, as to escape all discovery. The Indians had 
never yet experienced a formidable invasion from Kentucky, 
and seem to have entertained no apprehension of a retaliation 
for their annual invasions of this most vexed and harrassed 
land. Colonel Bowman's party arrived within a short distance 
of the town, near night, and halted. It was then dete-rmin d 
to make the attack, by day-break ; for this purpose. Captain Lo- 
gan was detached to encircle the town on one side, while Bow- 
man was to surround it on the other, and to give the signal of 
assault. Logan immediately executed his part of the plan, and 
waited for his superior officers. Day began to break, and still 
there was no appearance of the detachment in front; Logan, in 
the mean time, ordered his men to conceal themselves in the 
grass and the weeds. The men in shifting about for hiding 
places, alarmed one of the enemy's dogs, whose barking soon 
brought out an Indian to discover the cause of the alarm. At 
this moment, one of Logan's men discharged his gun; the In- 
dian, aware that it proceeded from an enemy, gave an instan- 
taneous and loud whoop, and ran immediately to his cabin. 
The alarm was now spread, but still the time was not too late 
♦Jefferson's Correspondence, I, 163. 



HISTORY OF KENTUCKY. 109 

Ibr an energetic attack; Logan could see the women and chil- 
dren escaping to the woods by a ridge between his party and 
the other detachment. The Indian warriors repaired to a 
strong cabin, with port holes in it, while Logan's men took pos- 
session of the cabins left by the Indians, and suddenly adopted 
the plan of forming a moveable breastwork out of the doors and 
puncheons or coarse plank of the floors, and pushing them for- 
ward, as a battery against the Indian post. While these active 
measures were taking, Colonel Bowman learning from a negro 
prisoner, that Girty and a hundred Mingos were at the Pick- 
away Town, and had been sent for, ordered a retreat. A 
circumstance which aggravated the distress of this order was, 
that the moment our men uncovered themselves, they were ex- 
posed to a destructive fire from the enemy in the council house, 
while they marched through a prairie, which surrounded the town. 
A retreat was however most reluctantly begun ; and instead of 
preserving any order, the utmost confusion took place ; after the 
loss of several lives, the party was re-united, and the retreat 
was resumed in better condition; with the painful reflection, 
howeverj that the expedition had not effected as much, as it was 
at first entitled to expect. They only burned the town and cap- 
tured one hundred and sixty-three horses, and some other spoil, 
with a loss of six or seven men, in spite of the fairest promises.* 
The Indian chief Blackfish, the one who had headed an expedi- 
tion against Harrodsburgh, and had taken Boone prisoner at 
the Blue Licks, at the head of about thirty warriors, pursued 
our party, and was killed; Red Hawk, a new chief, continued 
the battle. Bowman, though a gallant and experienced officer, 
made no detachments to repulse the savages, and our men were 
standing, as objects to be shot down. In this condition of things. 
Captains Logan, Harrod, Bulger, and a few others, mounted 
the pack-horses, and scoured the woods in every direction, rush- 
ing on the Indians whenever they could find them. These 
offensive steps continued until Red Hawk was also killed, when 
the rest of the Indian party fled; and our men returned home, 
with a loss of eight or nine killed in the two actions ; the loss 

* Captain Patton, late of Louisville. 

K 



110 HISTORY OF KENTUCKY, 

of the enemy was not accurately known ; but no doubt it was 
considerable from the intermitted pursuit.* 

The expeditions into the Indian country, which had recently 
been prosecuted by Colonels Clark and Bowman, seem at 
length, to have roused the exertion of British power, in order to 
counteract the influence of the former, especially upon their 
Indian allies. With this view, a formidable expedition was 
prepared, consisting of six hundred Indians and Canadians, 
commanded by Colonel Byrd, an officer in the British service. 
Two, or as Boone asserts, six field pieces, which accompanied 
this party, brought down the Big Miami, and then up Lick- 
ing, rendered the party resistless to the stockades of Ken- 
tucky, utterly destitute as they were of artillery. The march 
was totally undiscovered by our people, until on the 22d of 
June, 1780, the enemy appeared before Ruddle's station. This 
is the more extraordinary, since the British party was " twelve 
days marching from the Ohio river, to Ruddle's station; and 
had cleared a wagon road a great part of the way."t Colonel 
Floyd writes to Colonel William Preston, of Virginia, early as 
May of this year, that a similar expedition with artillery was 
expected, and to be directed against the fort at this city. These 
facts evince a most extraordinary state of confidence, or weak- 
ness. 

The above station had been settled the previous year, on the 
easterly bank of the south fork of Licking River; three miles 
below the junction of Hiukston and Stoner's branches of the 
same stream. This, the author believes is the first employment 
of artillery against the forts of Kentucky; and must have ap- 
peared little less formidable to our riflemen, than it did to bel- 
ligerents, at the first invention of these terrible arms. The 
cannon were moved up Licking by water, as far as the junction 
of the south fork of that river; whence the expedition proceeded 

♦Gen. Ray thinks diiTercntly from the current account, and believes the attack failed 
fioin the vigorous defence by the Indians, which prevented Bowman gettmg near enough 
to give Logan the signal agreed upon. Gen. Ray gives full credit to Bowman on this re- 
treat, as well as on other occasions. 

t It is said that this expedition had been intended, to co-operate with Governor Hamil- 
ton's projected inarch from Kaskafkia, so liappily superseded by the genius of George 
ilogersCiark.— G'e;ierai Willium Clark. 



HISTORY OF KENTUCKY. Ill 

by land against the fort, owing to the lowness of the water. 
A summons to surrender at discretion to His Britannic Ma- 
jesty's arms, was immediately made by the enemy, and dread- 
ful as the necessity was, there was no alternative but to com- 
ply; resistance was hopeless. The fort gates were accordingly 
opened; and the Indians rushed in, to secure the prisoners, and 
plunder the property. The same scene was acted at Martin's 
station, higher up the South Fork, with the same result. The 
prisoners and plunder were hastily collected together, and the 
retreat commenced with strange precipitation: many of the 
prisoners could not support this rapidity; among whom were 
necessarily most of the women and children. These, loaded 
with plunder as usual with the Indians, were quickly released 
from their miseries, by the tomahawk of their savage foes. 
Those who survived, were dispersed among the Indians, or 
carried to Detroit; whence they generally returned after seve- 
ral years detention. Yet deplorable as this invasion was to its 
immediate victims, it is a subject of astonishment, united with 
gratitude to Heaven, that its furies should have been arrested 
at these two points ; instead of being directed against the sta- 
tions of the country generally. These were utterly incompe- 
tent to defend themselves against it. It is most unaccountable, 
that the very first and last expedition into Kentucky with artil- 
lery, should have returned with such utterly inadequate effect. 
How proud the contrast in favor of our indefatigable and en- 
terprising Clark I How humiliating and disgraceful toByrd! 
The former officer invaded the enemy's country with rifle 
troops, captured his towns, took his strongest forts armed with 
cannon, and kept possession of the country; while the latter, 
with only small arms to oppose his artillery, confined himself to 
capturing two paltry stockades; and hurried out of the country 
so fast as to compel the murder of several of his most helpless 
prisoners, by his barbarous allies. Such is the contrast ever 
existing between genius and a capacity for ordinary routine. 
Colonel Byrd,* it is said, had previously limited himself to the 

* There is another explanation more honorable to Colonel Byrd; it is, that shocked hy 
the irrepressible barbarities of the Indians, he determined to arrest his expedition, and 
return to Detroit. 



112 HISTORY OF KENTUCKY. 

Licking forts,* and would not extend his plan. At the period 
of this invasion, there were not three hundred fighting men 
north of the Kentucky river; and if the expedition could have 
been kept together for a week or two, Mr. Humphrey Marshall 
thinks, it might have depopulated the country. On such trifling 
circumstances, appears to depend the fate of communities; no 
doubt, however, overruled by the general laws of God's Provi- 
dence, and the government of the Universe. True it is, that 
the Indians once successful to any degree, are, owing to their 
profound caution, bent against trying their fortune any farther. 
Thus the unexpected advantage, which they gained in the cap- 
ture of Boone and his men at the Lower Blue Licks, in 1778 ; 
most fortunately postponed the attack upon Boonesborough, the 
original object of the expedition, from February to August. 

To retaliate the mischiefs inflicted by the enemy, an expedi- 
tion against Pickaway, the principal town of the Shawanees^ 
situated on a branch of the Great Miami, was determined upon 
by General Clark. 

The year 1780 is remarkable for the establishment of Fort 
Jefferson on the Mississippi, five miles below the junction of 
the Ohio with the father of the western waters. Colonel Clark 
effected this measure, notwithstanding the strong dissatisfaction 
of the settlers of Kentucky, as a wanton division and dispersion 
of their little force, in conformity, however, with instructions 
from Governor Jefferson ;t in order to fortify the claim of the 
United States to the western boundary of the Mississippi, south 
of the Ohio4 It is now well known, that neither the court of 
France, nor that of Spain, was friendly to the extension of the 
American boundary to the Mississippi. 

Every artifice of diplomacy was resorted to on both sides 
of the Atlantic, to prevent this aggrandizement of the United 
States. The French minister at Philadelphia, had not only 
disgracefully prevailed on Congress, to instruct its ministers 
in France, to "govern themselves by the advice and opin- 

* Marshall 1, 109. 

t Governor Jefferson's letters June 28, 1778, and January and Aprils 1780L 

J Pitkin's United States, II, 95. 



aiSTORY OP KENTUCKY. 113 

ion^^ of the French government; to increase the number of 
plenipotentiaries, in order to overrule the elder Adams; but 
tinally obtained, and at the instance of Virginia too, an instruc- 
tion to Mr. Jay, not to insist on the free navigation of the Mis- 
sissippi, below latitude thirty-one degrees north. Spain, indeed, 
and not feebly supported by France, endeavored to limit these 
states east of the Alleghany mountains, and to divide the coun- 
try by the Ohio, between Spain and Great Bri'ain. This ap- 
proach to converting Kentucky into a Spanish province, will 
merit a further notice in another part of this work; let it re- 
mind us of the services of that able patriot John Jay, who S(j 
firmly resisted it, under clouds of embarrassment, at the courts 
of Madrid, and of Paris.* A most elaborate statement of the 
American claims, was drawn by a committee of Congress on 
the 17th of October, 1780. In this paper, reference is specially 
made, among other weighty considerations, to the fact, that the 
United States had t" obtained possession of all the important 
posts and settlements on the Illinois and the Wabash, rescued the 
inhabitants from British dominion and established civil ffcvern- 
ment in its proper form over them. They have, moreover, es- 
tablished a post on a strong and commanding situation near the 
mouth of the Ohio.'''' It was in the spring of this year, that this 
fort was established ; and it has been seen that the representa- 
tion by Congress, which is attributed by Mr. Pitkin to Mr. 
Madison, was drawn up in the ensuing October. The express 
instructions of Governor Jefferson on the 28th June, 1778, now 
conclusively place the politic measure of establishing this fort 
on the Mississippi, and below the Ohio, to the comprehensive 
mind of this statesman. 

The increase of counties which has been already mentioned, 
necessarily gave rise to a proportionate expansion of our mili- 
tary and civil organization; for each county, according to the 
l-aws of Virginia, required a similar municipal system. For 
these purposes, John Floyd was appointed first county Lieuten- 
ant Colonel, and William Pope, the father of the present Wil- 
iiam Pope, Sen. of Jefferson, Lieutenant Colonel, Benjamin Lo- 

* Jay's Life, 1, 237. f Pitkin's United States, II, 513. 

K* 



114 HISTORY OF KENTUCKY. 

gan, Colonel, and Stephen Trigg, Lieutenant Colonel, of Lin-* 
coin; John Todd, Colonel, and Daniel Boone, Lieutenent Colo- 
nel, of Fayette county. These regiments were formed into 
a brigade, which was placed under the command of General 
George Rogers Clark. A commission of " Brigadier General of 
the forces to be embodied on an expedition westward of the 
Ohio,'' is preserved among his papers. It is dated January 22d, 
1781, and signed by Thomas Jefferson. 

Each county had likewise a court of qualified civil and cri- 
minal jurisdiction; yet there was no court competent to try 
capital cases, nearer than Richmond, the seat of government 
for Virginia. The county courts, however, held quarterly ses- 
sions, at which they could try and punish misdemeanors, by fine 
and imprisonment; adjudicate matters at common law and chan- 
cery of a civil nature over four dollars and one-sixth ; or twenty 
five shillings. The rest of the judicial business was transacted 
at the monthly sessions, or by the magistrates individually ; these 
were conservators of the peace and superintended the local 
concerns of each county. Fortunately, owing to the simplicity 
of manners, and the equal and rude state of property, there 
were few temptations to violence, requiring the interposition of 
criminal law. The first surveyors in the new counties, were 
George May, in Jefferson. Colonel Thomas Marshall, in Fay- 
ette, and James Thompson, in Lincoln county. The services 
of the two latter, were loudly and for some time vainly called 
for . 

The new system of defending the country by General Clark, 
may deserve a few words. Spies and scouting parties were 
scattered over the frontier, \Yho reported to the General posted 
at Fort Nelson, in Louisville ; to these was added a row galley, 
constructed for plying up and down the river.* This was built 
at Louisville, the wreck of which is said to have produced the 
formation of the point of Beargrass Creek, above the present 
citv- This served as a floating fortification; but was confined 
in its scouting expeditions between the mouth of Beargrass and 
Licking River. Limited as this sphere of duty was, it is said 

« Marshall 1, 119. 



HISTORY OF KENTUCKY. 115 

to have had a good effect in preventing Indian expeditions 
across its line of operations; and to have once stopped a formi- 
dable invasion near its upper station. The aversion however 
of the militia to acting on this element, and the reduction of the 
regular force, compelled the General to lay aside the galley be- 
fore the end of the year. The plan itself so novel on the wes- 
tern waters, however, shews the military readiness of its author, 
who was never at a loss for expedients suited to his situation. 

In September, 1781, a station settled by 'Squire Boone, (a 
brother of the great hunter, and unequalled woodsman,) near 
where Shelbyville is now built, became alarmed at the appear- 
ance of Indians in its neighborhood; and determined to remove 
to the stronger settlements on Beargrass. While effecting this 
purpose, the party encumbered with women, children and house- 
hold goods, was attacked by a large body of the enemy near 
Long Run, defeated and dispersed with considerable loss. Col. 
John Floyd learning this disaster, repaired with honorable 
promptitude, with twenty-five men, to Telieve the white party, 
and chastise the Indians. He advanced with commendable 
caution, dividing his men into two parties; and yet, in spite of 
his prudence, he fell into an ambuscade of two hundred Indians. 
He was defeated wilh the loss of half of his men, and nine or 
ten of the Indians were killed. While Colonel Floyd was 
retreating on foot, nearly exhausted and closely pursued by 
the Indians; Captain Samuel Wells, who retained his horse, 
dismounted and gave it to Floyd, and ran by his side to sup- 
{)ort him. The magnanimity of the action is enhanced by 
the previous hostility between these officsrs, which was, how- 
ever cancelled forever* — "they lived and died friends." 

After this officer had effected the establishment of Fort Jef- 
ferson, on the Mississippi, to be noticed hereafter, he proceeded 
with two men, Josiah Harland and Harmar ConoUy, on foot, to 
Harrodsburgh. The perils of such a march, can scarcely be 
appreciated at this day. They had painted themselves like In- 
dians, and had advanced without interruption, as far as the 
Tennessee River. This ihey found foaming with high water, 

*Colonel Floyd's lettorg. 



116 HISTORY OF KENTUCKY. 

and Indians were hunting on both sides of the river. Our chief 
and his companions, quickly fastened a raft together, with grape 
vines, to support their rifles and clothes, and dashed into the ri- 
ver, in its state of flood. They had got some distance, before 
they were perceived by the Indians, owing to the high banks; 
when the enemy discovered them, they quickly exchanged 
whoops of intelligence. But our party availing themselves of 
a deep creek, which put in on the opposite side of the river, 
placed it between them and their pursuers, by landing below 
its mouth, while the Indians had to ascend the stream for a 
passage ; the former having landed, dashed on their destina* 
tion. By this manceuvre, they escaped. Yet to their own 
countrymen their disguise was so complete, that in approaching 
a fort on Red River, they were mistaken for Indians ; and it was 
only the name of Clark loudly hallooed out, and the knowledge 
of his exploits, that removed the impression. 

On this route, our party met with a large body of emigrants, 
forty in number, actually starving from inexperience of the hun- 
ters among them, in killing Buffalo. The high hump of this 
animal on its shoulder, requires an allowance by a practised 
eye, to hit the heart; this source of error was unknown to 
the new comers, and all their balls missed killing their ob- 
jects. Clark and his companions soon set them right with 
the first herd of Buffalo they met, after their rencounter, by 
killing fourteen head before they stopped. It seems, that skil- 
ful hunters can arrange themselves so as to run parallel with a 
herd of Buflfalo, killing and loading as far as they can run. 
This conduct of our hunters struck the group of strangers with 
such astonishment, when they contrasted the success of the 
three new hunters, with the failure of their own men, them- 
selves expert woodsmen, with all other game; that they were 
ready to look upon Clark and his two coadjutors, as something 
more than mortals in disguise. A party thus strangely rescued 
from starvation, in the midst of wild game, might well be dis- 
ordered in iheir judgments at first. 

On arriving at Harrodsburgh, Clark found a concourse of 
people from every direction, waiting to enter lands in the Sur- 



HISTORY OP KENTUCKY. 117 

veyor's office. This was the engrossing subject of all men's 
thoughts; as eagerly and with as much avidity, amidst these 
hostile forests, as in any stock market of a commercial city. To 
propose a military expedition demanded by the interests of the 
country, to men under such keen and potent excitement, would 
have been worse than useless. Should the more generous and 
gallant engage in it, they would leave the selfish and the grasp- 
ing speculator behind, to despoil them of the richest fruits of the 
country, which they were defending. In this predicament, 
Clark proposed to Mr. J. May, the Surveyor of Kentucky 
county, to shut up his office, and then all would turn their at- 
tention to the defence of the country. This Mr. May declared 
he had no authority to do; but if General Clark would issue 
such an order, he would be the first man to obey it. The Gen- 
eral accordingly caused a written order to be placed on the door 
of the Surveyor's office, notifying all persons, that the office 
was shut by an order from Brigadier General Clark, until after 
*an expedition could be carried on against the enemy. This 
measure, and the high military popularity possessed by General 
Clark, commanded any number of volunteers, in addition to 
his own state regiment, which was garrisoning Fort Nelson at 
the Falls of Ohio. The expedition commanded by Clark, con- 
sisted of two regiments, one under the command of Colonel B. 
Logan, and the other under that of Colonel William Linn. The 
point of rendezvous for both, was the mouth of Licking river, 
where they assembled with artillery conveyed up the river from 
the Falls. The force when all assembled, amounted to nearly 
a thousand men.j 

The secrecy and despatch, which had ever attended the 
movements of this efficient commander, continued to mark his 
progress on this occasion; the Lidian town was approached 
without any discovery, and as soon assailed, when a sharp 
conffict ensued, in which seventeen of the enemy were slain, 
with an equal loss upon our part. The rest fled, the town was 

*VVhen Colonel Clark arrived at the Falls, he received a letter from Governor JefTer- 
«on advising such an expedition, written t9lh of April, but not received till lltU of July, 
following. 

t Captain Pattonsaya nine hundred and ninety-eight. 



118 HISTORY OF KENTUCKY. 

then reduced to ashes, the gardens and fields laid waste; such 
are the melancholy means of carrying on war with barbarian 
tribes, who without the intervention of a large civil body of 
society, not partakers in the war, can only be made to feel its 
horrors by bringing home to themselves the dreadful sufferings 
which they inflict. 

From Pickaway, Colonel Benjamin Logan was detached 
against another Indian town, about twenty miles distant. This 
was, however, found deserted, and it was destroyed by our 
troops, as well as a store (British, it is presumed,) from which 
the Indians had been supplied with arms and ammunition. 
This latter object, indeed, formed the principal aim of the 
party. Owing to these offensive measures, Kentucky enjoyed 
some breathing time, while the Indians were engaged in re- 
building their habitations, and obtaining provisions by hunting, 
to supply the loss of their crops. 



CHAPTER VIII. 



Kentucky county divided Into Lincoln, Fayette, and Jefferson — Erection of Fort Jeffer- 
son on tlie Mississippi — Spanisli and French intriirues at Paris against the Western 
boundary of tlie United States— INIcKce and Girty — Attack on Bryant's Station — Battle 
of the Blue Licks— Expedition of General Clark to the Chilicothes in 1782— Early man- 
ners and state of the arts iu Kentucky. 

By the first of November of this year, the population of the 
State, had advanced with such rapid strides, that the Legisla- 
ture of Virginia sub-divided the county of Kentucky, into three 
parts; assigning different names to each. They were called 
Jefferson, Fayette, and Lincoln. The former embraced that part 
of the old county, which lay south of the river Kentucky, north 
of Green river, and west of Big Benson and Hammond's creek; 
the second beginning at the mouth of the Kentucky river, ex- 
tended up its middle fork to the head, and embraced the north- 
ern and eastern portion of the present state on that side of the 
Kentucky; the residue of the primitive county, was called 
Lincoln. 



HISTORY OP KENTUCKV. 119 

The establishment, however, of this fort provoked an attack 
upon it by the Chickasaws and Choctaw s, on whose lands it 
was built, without their consent. A purchase had, however, 
been positively instructed to be made of the Indians by the 
Governor of Virginia; though the circumstances which pre- 
vented it are now unknown. In resentment it is supposed, of 
this threatening intrusion, Colbert, a Scotch gentleman who 
had ingratiated himself with these Indians, and the ancestor of 
the present chiefs of that name, appeared with all his warriors 
before Fort Jefferson, in the summer of 1781. The attack, it 
is said hy one, who was a boy in the fort at the time, lasted 
five days. The Indians principally encamped on the island 
opposite to the fort, now known as island No. 1, just above 
Mayfield's creek. The garrison not exceeding thirty men under 
Captain George, (two-thirds of whom were sick with the ague 
and fever) were reduced to the lowest extremity. Pumpkins 
with the blossom yet on them, afforded their principal food. 
On the sixth day Colbert and George met under a flag of truce 
to agree upon terms of capitulation; but they were unable to 
effect it. As Colbert was retiring, he received a wound from 
*some of the Indians, who were with our men in the block- 
houses, and fell. This treachery according to our own usages, 
enraged the Indians to the utmost pitch of exasperation: at 
night they collected all their forces, and made a furious assault 
upon the fort, endeavoring to take it by storm. When the In- 
dians had advanced in very close order, Captain George Owen, 
who commanded one of the block-houses, had the swivels load- 
ed with rifle and musket balls, and fired them in 'the crowd. 
The consequent carnage was excessive, and dispersed the ene- 
my. At the same time General Clark, who was stationed at 
Kaskaskia, and had been sent for, arrived with provisions and 
a reinforcement, which effectually raised the siege to the great 
relief of the garrison. 

This fort was some time afterwards abandoned, from the dif- 
ficulty of supplying such remote and detached posts. It is wor- 
thy of remark, that the State of Kentucky, goaded to madness 

* Captain Patton's papers. 



120 HISTORY OF KENTUCKY. 

as she has been by Indian outrages ; submitted to the occupa- 
tion of the southwestern section of her territory by the Chicka- 
saws, until their title was peaceably extinguished by the treaty 
of 1818, with that tribe. The fact offers an exemplary regard 
for aboriginal claims, which may well dictate a lesson of for- 
bearance with the tribes of the forest, to all the members of the 
confederacy. 

The opening of 1782 was marked by several successful en- 
terprises on the part of the enemy, with more than usual fatality 
to the whites. They were the precursors to misfortunes of 
deeper dye, and more extensive calamity, than had yet befallen 
our harassed countrymen. Among other calamities of the 
times Laughery's defeat should not be omitted. This officer 
was coming down the Ohio river, to join the Kentuckians with 
one hundred and seven men ; he was attacked below the Great 
Miami, at a creek, which still retains the name of the unfortu- 
nate commander, and the whole party was killed or captured. 
*" In the month of May, a party of about twenty-five Wyan- 
dots, invested Estill's station, on the south of the Kentucky 
river, killed one white man, took a negro prisoner; and after 
destroying the cattle, retreated. Soon after the Indians disap- 
peared. Captain Estill raised a company of twenty-five men — 
with these he pursued the Indians ; and on Hinkston's fork of 
Licking, two miles below the Little Mountain, came within 
gunshot of them. They had just crossed the creek, which in 
that part is small; and were ascending one side, as Estill's 
party descended the other, of two approaching hills, of mode- 
rate elevation. The water course which lay between, had 
produced an opening in the timber, and brush, conducing to 
mutual discovery; while both hills, were well set with trees, « 
interspersed with saplings, and bushes. Instantly after discov- i 
ering the Indians, some of Captain EstilPs men, fired at them; 
at first they seemed alarmed — and made a movement, like 
flight: but their chief, although wounded, gave them orders to 
stand, and fight — on which, they promptly prepared for battle, 
by each man taking a tree, and facing his enemy, as nearly in 

♦ Marshall 1, 126. 



HISTORY OF KENTUCKY. 121 

a line as practicable. In this position they returned the fire, 
and entered into the battle, which they considered as inevitable; 
with all the fortitude, and animation of individual, and concert- 
ed bravery; so remarkable in this particular tribe. 

"In the meantime, Captain Estill, with due attention to what 
was passing on the opposite side, checked the progress of his 
men at about sixty yards distance from the foe, and gave orders, 
to extend their line in front of the Indians, to cover themselves 
by means of the trees — and to fire, as the object should be seen 
•—with a sure aim. This order, perfectly adapted to the occa- 
sion, was executed with alacrity, as far as circumstances would 
admit, and the desultory mode of Indian fighting was thought 
to require. So that both sides were preparing, and ready, at 
the same time, for the bloody conflict which ensued : and which 
proved to be singularly obstinate. 

*' The numbers were equal ; some have said, exactly twenty- 
five on each side— others have mentioned, that Captain Estill, 
upon seeing the Indians form for battle, despatched one or two 
of his men, upon the back trail, to hasten forward a small rein- 
forcement, which he expected was following him: and if so, it 
gave the Indians, the superiority of numbers, without producino" 
the desired assistance — for the reinforcement never arrived. 

" Now were the hostile lines within rifle shot — and the action 
become warm and general to their extent. Never was battle 
more like single combat, since the use of fire-arms ; each man 

sought his man—and fired only when he saw his mark 

wounds and death, were inflicted on either side — neither ad- 
vancing nor retreating. The firing was deliberate — with cau- 
tion they looked, but look they would for the foe; althouo-h life 

itself, was often the forfeit. And thus, both sides firmly stood 

or bravely fell — for more than one hour: upwards of one-fourth 
of the combatants had fallen, never more to rise — on either side 
—and several others were wounded. Never, probably, was the 
native bravery or collected fortitude of men, put to a test more 
severe. In the clangor of an ardent battle, when death is for- 
gotten — it is nothing for the brave to die — when even cowards 
die like brave men — ^but in the cool and lingering expectation 

L 



122 HISTORY OF KENTUCKY. 

of death, none but the man of true courage can stand. Such 
were those engaged in this conflict. Never was manoeuvering 
more necessary, or less practicable. Captain Estill had not a 
man to spare from his line, and deemed unsafe any movement 
in front, with a view to force the enemy from their ground j be- 
cause in such a movement, he must expose his men, and some 
of them would inevitably fall, before they could reach the ad- 
versary. This would increase the relative superiority of the 
enemy — while they would receive the survivors with the toma- 
hawk in hand ; in the use of which they were practiced and 
expert. He clearly perceived that no advantage was to be ob- 
tained over the Indians, while the action was continued in their 
own mode of warfare. For although his men were probably 
the best shooters, the Indians were undoubtedly the most ex- 
pert hiders — that victory itself, could it have been purchased 
with the loss of his last man, would afford but a melancholy 
consolation for the loss of friends and comrades ; but even of 
victory, without some manoeuvre, he could not assure himself. 
His situation was critical; his fate seemed suspended upon the 
events of the minute; the most prompt expedient was demanded; 
he cast his eyes over the scene; the creek was before him, and 
seemed to oppose a charge on the enemy — retreat he could not. 
On the one hand, he observed a valley running from the creek, 
toward the rear of the enemy's line; and immediately combin- 
ing this circumstance with the urgency of his situation, ren- 
dered the more apparently hazardous, by an attempt of the In- 
dians to extend their line, and take his in flank ; he determined 
to detach six of his men by this valley, to gain the flank or rear 
of the enemy; while himself, with the residue, maintained his 
position in front. 

" The detachment was accordingly made under the command 
of Lieutenant Miller; to whom the route was shown, and the 
order given, conformably to the above mentioned determina- 
tion: unfortunately, however, it was not executed. The Lieu- 
tenant, either mistaking his way, or intentionally betraying his 
duty, his honor, and his Captain, did not proceed with the re- 
quisite despatch — and the Indians, attentive to occurrences. 



HISTORY OF KENTUCKY. 123 

finding out the weakened condition of their adversaries, rushed 
upon them, and compelled a retreat, after Captain Estill and 
eight of his men were killed. Four others were badly wounded, 
who, notwithstanding, made their escape; so that only nine 
fell into the hands of the savages, who scalped and stripped 
them of course. 

" It was believed by the survivors of that action, that one -half 
of the Indians were killed, and this idea was corroborated by 
reports from their towns. 

" There is also a tradition, that Miller, with his detachment, 
crossed the creek — fell in with the enemy — lost one or two of 
his men — and had a third or fourth wounded before he retreated- 

" This action is said to have lasted two hours, and there 
seems to be nothinij wanted in its circumstances but numbers, 
with the pomp and tactics of modern v/ar, to make it memora- 
ble. Memorable it will be to those friends of the brave de- 
fenders of their country, whose heart received-the pang given 
by the report of this event — memorable it will be to the few 
who survived it — whether by absconding with the Lieutenant, 
in a moment of dismay, they forfeited the praise which they 
had previously merited — or by standing with their Captain 
until his fall, they yielded to superior numbers, a victory which 
was due to their courage and fidelity — and which a superior 
force alone, could have extorted from them. Memorable it will 
also be in the simple annals of Kentucky, for the equality of 
the opposing numbers — for the great fortitude with which it 
was maintained — for the uncommon proportion of the slain — 
for the error of the Lieutenant — and for the death of the Cap- 
tain. In grateful remembrance of the personal bravery and 
good conduct of Captain Estill, a county of the commonwealth 
perpetuates his name. 

*' In reviewing the incidents of this battle, the conduct of the 
Indians cannot fail of commanding attention. Their determined 
bravery; their obstinate perseverance; the promptitude with 
which they seized on the absence of the detachment to advance 
on their enemy ; and thus by a step not less bold than judicious, 
to ensure to themselves a victory of immortal renown: conduct 



124 HISTORY OF KENTUCKY. 

alike bespeaking the possession of skill in war, and a training 
to command, which could but render them formidable, and even 
victorious. 

" The result of this action had the most serious effect upon 
the minds of the inhabitants generally."* 

The hostility necessarily incident to the hunter state, against 
the white intruders, as they deemed our people, who were de- 
stroying their game, the principal source of Indian subsistence ; 
circumscribing their hunting grounds, and attacking their 
towns, whenever they found it convenient; could want but lit- 
tle excitement to direct their exertions against Kentucky. Yet 
the passions of the Indians are said to have been particularly 
exasperated by speeches from McKee and Girty ; white men who 
had abandoned their own countrymen from disappointments in 
military promotion, under Pennsylvania, as it is said, and had 
united with the British and Indians. Headed by these renegades, 
but particularly by Simon Girty, on the evening of the 14th of 
August, 1782, a body of Indians from various tribes, extending 
from the Lakes to the Mississippi, to the computed number of 
fire hundred, suddenly assembled round Bryant's station. This 
place has been previously mentioned and would be briefly 
passed over now, were it not for its connection with the fatal 
battle of the Blue Licks. This fort was situated on the left of 
the present road from Lexington to Maysville, immediately on 
the southern bank of Elkhorn ; the fort contained about forty 
cabins, placed in parallel lines, connected by strong pallisades, 
and was garrisoned by about forty or fifty men. The enemy 

* It would be unpardonable to omit on the subject of Estill's defeat, the beautiful pane- 
gyric upon it expressed by Chief Justice Robertson in the case of Conley's Heirs ajrainst 
Chiles.— 5</i Marshall's Reports.—'' The battle was fought on the22d of March, 1782, in 
the now county of M ontgomery, and in the vicinity of Mountsterling. It is a memorable 
incident, and perhaps one of the most memorable, in the interesting history of the settle- 
ment of Kentucky. The usefulness and popularity of Captain Estill; the deep and univer- 
sal sensibility excited by the premature death of a citizen so gallant and so beloved; the 
emphatic character of his associates in battle; the masterly skill and chivalric daring dis- 
played throughout the action, (" every man to his man, and each to his tree;") the grief 
and despondence produced by the catastrophe; all coatributed to give to "ESTILL'S DE- 
FEAT," a most signal notoriety and importance, especially among" the early settlers." 
All the story with all its circumstances of locality, and of" the tight," was told and told 
again and again, until even the children knew it " bij heart." No legendary tale was ever 
listened to \vilh as intense anxiety, or was inscribed in as vivid and indelible an impress, 
on the hearts of the few of both sexes, who then constituted the hope and strength of Ken- 
tucky. 

" Such is the traditional as well as the recorded history of thissangninary battle between 
the white men and the Indians; and such, too, is the testimony einbodied in this cause." 



HISTORY OP KENTUCKY. 125 

showed themselves suddenly the next morning, when some of 
the garrison were in the adjacent cornfield, and others absent; 
though not far from the station, with a good deal of the reckless- 
ness, too characteristic of the times. Some of these in the 
neighborhood got safely into the fort, while others communica- 
ted the- alarm to Lexington, and other neighboring stations; 
whence assistance was immediately and gallantly furnished. 
The place was closely invested for the two ensuing days; du- 
ring which the Indians kept up a continual fire, by which four 
men were killed and three wounded. The enemy macle seve- 
ral attempts to fire the cabins by shooting lighted arrows on the 
roofs, and even attempted to fire th^ log walls with torches, all 
ineffectually. After sustaining a loss of about thirty warriors 
in their various bold, but unskilful attempts; the Indians de- 
parted on the morning of the fourth day. They left their fires 
burning, and also bits of meat on the roasting sticks, which 
served instead of spits. They returned along the great Buffalo 
trace by Ruddle's and Martin's stations, which had been laid 
waste two years before; although out of their direct course to 
the Lower Blue Licks. Indeed their retreat showed, that there 
was no wish to conceal their trail, or avoid a battle. On the 
contrary, every indication had been given, so contrary to the 
cautious and secret tactics of Indians, that they desired an en- 
counter. In the mean time, Colonel John Todd, of Lexmgton, 
Lieutenant Colonel Trigg, of Harrodsburgh, and Col. Boone, 
of Boonesborough, with Majors McGary, Ilarland and Levi 
Todd, at the head 'of about one hundred and eighty-two men,* 
repaired to Bryant's station. By the 18th, the detachments 
had assembled- and it was concluded to proceed in pursuit of 
the enemy, without waiting, (as urged, it is said, by McGary,) 
fiT a large reinforcement, presumed to be collecting by Colonel 
Ben. Logan. It immediately struck the moro experienced of 
the party, on their march, and particularly Boone, that the 
chopping the trees along the Indian trail, shewed a willingness 
on their part, to be pursued; and at the same time, the con- 
tracting of their camp and using i^ew fires, where they stopped 

* Clark's Papers. 

L* 



126 HISTORY OF KENTUCKY. 

to eat, indicated a design to mask their numbers. These cir- 
cumstances, it was thought, called emphatically for caution ; 
still, no Indians were seen until the party reached the southern 
bank of Licking, at the Lower Blue Licks. A few of the 
enemy were then seen by the Kentucky troops in front, lei- 
surely and without any apparent alarm, retreating over the 
ridge. A halt was then called, and a council of officers held, 
to adopt the best plan of operations: whether to attack imme- 
diately, or to reconnoiter, and wait for the reinforcements 
coming up under a most experienced Captain. Colonel Boone 
delivered it as his opinion to the other officers, much less skilled 
in such matters than himself, that the Indians might amount to 
three or five hundred, from the ambiguous sign, which they 
had made on the road; that the main body must be near, and 
prepared for action. He said he was particularly acquainted 
with the ground about th e Licks ; which is indeed remarkable '. 
the river forming an abrupt bend, includes a ridge on the north 
side, passing between two ravines, which extend to the river, 
like the sides of an angle or wings of a net; here, he most sa- 
gaciously conjectured, the Indians had formed an ambuscade, 
and were lying in wait for them.* 

To counteract their plan, he proposed to divide the Ken- 
tuckians into two parties, to send one-half of the men up the 
river, as high as a small creek called Elk, to cross over to a 
ridge outside a ravine on the right; while the other half of the 
troops should occupy the high ground north of the Licks, ready 
to co-operate with the right wing : or else " to reconnoiter the 
ground well, before the main body crossed the river. The 
council were only hesitating between the two plans, when 
Major McGary in defiance of all subordination, raising the 
warwhoop, called out, " Those who are not cowards follow me; 
I will show them where the Indians are," and spurred his horse 
into the river. The unhappy example was contagious among 
the fiery spirits assembled, unchecked by any commanding 
genius; and the whole expedition passed the river without 
order or concert; following the road which McGary kept in 

* Marshall 1, 136. 



HISTORY OF KENTUCKY. 127 

front. Parties flanked off" as the rough, naked, and irregular 
surface would admit. It must be noticed, that the ground within 
the bend of the river was covered with rocks laid bare by the 
trampling of the buffalo which resorted to the Licks, and by the 
washing of the rains; it presented only a few scattering trees. 
The body of the troops headed by McGary, Harland, and Mc- 
Bride, formed a broken line corresponding with the ridge, 
which has been mentioned and parallel with, and between the 
ravines, which were filled with Indians, concealed by a short 
growth of timber. No sooner had McGary entered the woods 
at tlie head of the ravines, than the action began with great 
warmth and effect, which our men returned with equal vigor, 
while they could keep among the trees ; but they were soon 
driven into the naked plain, between two fires from the Indians, 
who doubled them in numbers. Soon the conflict was discov- 
ered to be desperate on our side ; nearly the whole of the men 
had fallen, as well as Colonels Todd and Major Trigg, McBride, 
and Harland. The Indians were turning the rear and rushing 
upon our men with the tomahawk, when the retreat was com- 
menced. But there was but one point of escape, and that by 
a narrow ford at the lower part of the bend, or by swimming 
the river Here all were rushing together, to avoid the horrors 
of Indian massacre, or captivity, not less dreadful. The exe- 
cution was prodigious in the crowded disorderly retreat to the 
river and in the water, for a battle fought by backwoodsmen ; 
who, in general, have been as cautious and sparing of blood, as 
their red enemies. In this extremity, the unhappy fugitives 
were greatly assisted by a halt, ordered by one Netherland; 
who, having crossed to the soutiern side, called to his fellow 
soldiers to fire on the Indians, and protect the men in the river; 
the exhortation was regarded by a few, and checked the pur- 
suit of the enemy for a short time; by which many were saved. 
The Indians soon, however, crossing above and below, further 
flight became inevitable, and it continued for twenty miles with 
little loss. 

An instance of generous forgetfulness of self which took 
place in this retreat, ought not to be omitted for its intrinsic 



128 HISTORY OP KENTUCKY. 

moral beauty, and for the relief it affords from the disgusting 
tale of slaughter and destruction, which occur with such bale- 
ful monotony on both sides, in these early border wari. Still 
it is only a picture of the calamities, which have attended the 
hostilities with barbarians in other ages and countries; but 
particularly on the marches or frontiers. Scots and English, 
English and Welsh, the Chappows of Turcomans and the forays 
of feudal times, have presented the same features. The great 
lesson this truth furnishes, ought eternally to admonish the peo- 
ple of these states, against creating the same excitements to all 
the fiercer and malevolent passions, which, a dissolution of the 
present glorious Union of the States, would inevitably adminis- 
ter to the nation. 

The incident alluded to above, is as follows : Captain Robt. 
Patterson, exhausted by the retreat and wounds received in 
former battles, was overtaken by a young man of tiie name of 
Reynolds, on horseback; the latter immediately dismounted, 
placed Patterson on his saddle, and took his own chance on 
foot. Patterson escaped, but his generous friend was suized by 
three or four Indians, who deprived him of his arms, and left 
him in charge of one of their companions, while they engaged in 
further pursuit. The Indian in charge of Reynolds, had occa- 
sion to stoop in order to tie his moccason, the latter seized the 
opportunity to snatch the Indian's gun, to knock him down, and 
effect his own safety, which he happily accomplished. In re- 
turn for his magnanimity, Patterson presented Reynolds with* 
"two hundred acres of first rate land:" a reciprocation of good 
offices, which ever lias constituted the essence of virtue and 
true excellence of heart. The loss in this battle, was heavier 
than ever experienced in Kentucky beroie; out of one hundred 
and seventy-six men, sixty were killed and seven taken prison- 
ers; the great part of the Harrodsburgh men, fell in the front 
at the first onset; for the battle only lasted from jfive to fifteen 
minutes. Numbers, unfeeling as the remark may appear, are by 
no means the same criterion of loss in our agricultural state of 
society, as in the hunter state. Losses, which are rapidly repair- 

♦ Marehall 1, 141. t Compire Mai shall 141 , and Boone's Narrative 29. 



HISTORY OP EKXTUCKr. 129 

ed by our superior rate of increase, are fatal to the inferior pro- 
gress of savage society,- yet what a triumph is this, that we can 
afford to kill 'down our adversaries 1 It converts our superiority 
into one of population, rather than one of arms, and is well 
calculated to moderate our boasting over the rude warriors of 
the forest. Colonels John Todd and Stephen Trigi?, were par- 
ticularly deplored for their eminent social and private worth, 
distinguished intelligence, and urbanity of manners ; qualities 
which are inestimable, as public models and guides to society 
in a forming state like that of our nascent commonwealth. Of 
Major Harland, it is affectingly said, no " officer was more brave, 
and none more beloved in the field." It is due to the memory 
of Major McGary (who was a man of courage, almost too fierce 
for Indian batdes, much less for pacific society) to state, that 
he is said to have counselled a delay at Bryant's for twenty-four 
hours, until Logan could arrive with his powerful reinforce- 
ment. This was rather tauntingly rejected as it is alleged, by 
Colonel Todd, who, in the honorable ambition of a brave man, 
was fearful of the escape of the Indians, and was apprehensive 
that he should lose this opportunity of distinguishing himself, 
by the arrival of his senior Colonel. McGary unhappily, and 
too fiercely resented this treatment; and in a spirit of lamenta- 
ble revenge, determined to force a battle at the hazard of any 
consequences to his fellow-soldiers and to his country. On the 
20th Colonel Logan reached the battle ground with four hun- 
dred and fifty men; but too late to do any thing, except bury 
the mangled and disfigured dead. From this scene of bloodshed 
and massacre, under their most horrid aggravations on the part 
of the Indians, the reader's attention must be directed to its re- 
taliation with little less ferocity, by the hands of our exasperat- 
ed countrymen. Indeed it is worse than vain, to attempt to ad- 
just the equity of wars between savages and a people however 
faintly civilized, by investigating any one individual transac- 
tion on either side, upon the ordinary principles of social jus- 
tice. There is a deeper root of natural incompatibility between 
the two states of man, which nothing can reconcile; and it is 
this principle, which must govern our final judgment upon the 



130 HISTORY OF KENTUCKY. 

conduct of races of men in such opposite and irreconcilable states 
of society. Let it not be supposed, the author is insensible to the 
eternal truth, that the obligations of justice and mercy are as 
universal in their force, as the existence of sentient beings ; or 
that he is not alive to iniquity practised upon savage nations; 
but tho doctrine he means to assert is, that the mass of mutual 
wrongs and sufferings inflicted by men, in inconsistent states 
of society; like those of the hunter and the agriculturist, are 
not to be attributed to the ferocious dispositions of either 
party alone. They must be traced to a deeper source, 
which the most benevolent dispositions could not dry up, and 
but feebly stop. The Indians have faded away before the be- 
nevolence of Penn; *' the property line'''' of the colonial authority 
and all the considerate reservations of land and privilege by the 
elder states, nearly as rapidly as before fiercer measures, and 
more merciless dealing. No barrier can be raised, which will 
effectually protect the one state of society from the annihilating 
encroachments of the other; it is a war of social condition, and 
not of individual character, in which there can be neither long 
truce nor durable peace. It seems to be the decree of Provi- 
dence, and no doubt for the wisest purposes, that the barbarous 
state of man should utterly yield, and be merged in his civilized 
condition. These reflections have been thought appropriate to 
the occasion, and may serve as a final commentary upon our 
Indian wars, which are to be viewed in every respect, like the 
conflicts of the elder nations of the eastern continent with their 
barbarous neighbors, from the earliest records of social conten- 
tion. 

It is time, however, to return to the retaliatory expedition 
of General Clark, which gave rise to these' remarks. The 
General invited a meeting of the superior military officers of 
his brigade at the Falls, to make arrangements for an imposing 
expedition against the Indians. This council recommended a 
draft of men to make up any deficiency of volunteers and the 
impressment of provisions and horses, where voluntary contri- 
butions were not suflScient. The spirit and patriotism of the 
country rendered these coercive measures unnecessary ; mea 



nisTonr of Kentucky. 131 

and officers presented themselves with the utmost eag<3rness 
and ''beeve?, pack-horses, and other supplies" poured in abun- 
dantly from those, who could not personally join the expedition. 
In every case of property offered or impressed, a certificate of 
its valuation was given as evidence to its owner, for future 
compensation; at that time, deemed by no means certain. 
" Bryant's station was appointed the rendezvous for the upper 
part of the country ; the Falls of the Ohio for the lower, and 
the mouth of Licking the point of union" for the different de- 
tachments. General Clark assumed the command with Colo- 
nels Floyd and Logan under him ; these officers at the head 
of about one thousand mounted riflemen, assembled at the ap- 
pointed spot on the last of September, 1782. The expedition 
proceeded with the efficiency ever characteristic of its chief, 
while in the pride of his energy; and reached the neighborhood 
of the first Indian town, and within half a mile of a camp, which 
formed the rear of the triumphant party, from the battle of the 
Blue Licks. An Indian straggler now discovered the hosiile 
force, and gave the alarm of " a mighty army on its march."* 
The savage camp was immediately evacuated, and the alarm 
conveyed to the different towns. This most unpropitious dis- 
covery left nothing but empty cabins and deserted fields, to 
satisfy the resentment of the whites. The buildings were 
quickly fired, and the cornfields laid waste, seven prisoners 
were taken, and three of the enemy killed in this expedition; 
it extended its ravages through the different Chilicolhes, Picka- 
way, and WilPs-town, with the same desolating eflfect. This 
campaign, trifling as its execution may seem, appears to have 
put an end to the formidable Indian invasions of Kentucky; 
after this period, it was only exposed to stragglers and small 
parties. Su-ch an effect must be attributed to so overwhelming 
a display of force, immediately after the disastrous battle of the 
Blue Licks. 

The opportunity now seems favorable to notice the spirit 
and manners of society in these primitive times of Kentucky 
history. Until nearly this time, the proportion of females had 

♦ Marshall 1, 147. 



132 HISTOBY OF KENTUCKr. 

been small, painfully so, to the gallantry and devotion of -the 
males ; it was now no longer felt, and a license to marry is said 
to have been the first process issued by the clerks of the new 
counties. A law suit did not, at this time, exist in Kentucky; 
since so unfortunately loaded with litigation about the very 
homes and the firesides of her citizens. Our first settlers were 
necessarily composed in general, of those who had braved and 
enjoyed the perils and enterprise of settling the frontiers of the 
adjacent states. Few others could support the hardships, or 
would encounter the dangers and difficulties, which environed 
a residence in these dark and bloody grounds, as the term *Kan- 
tuck-kee, or Kentucky, is said to mean in the Indian dialect. 
The duties of the household, in the happy absence at that time, 
of slaves, (would to God Kentucky could always have escaped 
the curse and the iniquity of their condition,) were discharged 
by the females. They milked the cows, prepared the meats, 
spun and wove the garments of their husbands and children; 
while the men hunted the game of the woods, cleared the land, 
and planted the grain. To grind the Indian corn into meal on 
the rude and laborious hand-mill; or to pound it into hominy 
in a mortar, was occasionally the work of either sex. The de^ 
fence of the country, the building of forts and cabins, fell most 
properly to the share of the men; though in those hardy times, 
it was not all uncommon for females during a seige, to run 
bullets and neck them for the rifle- Deer skins were exten^ 
sively used for dress, to compose the hunting shirt, the long 
overalls, the leggins, and tlie soft and pliable moccasons; the 
buffalo and the bear furnished the principal covering for the 
night. Handkerchiefs tied round the head had often supplied 
the place of hats; strips of buffalo hide were used for ropes. 
Stores or shops were unknown ; wooden vessels either prepared 
by the turner, the cooper or their rude representatives in the 
woods, were the common substitutes for table furniture, f* A 

♦ The author has been unable to confirm tliis popular etymology, by the inquiries he 
has made of those conversant in the Indian languages. The Kentucky river is called 
Cuttawa by Lewis Evans in his map of the middle colonies published at Philadelphia in 
1755. It is called Kentucke or Cuttawa in Wayne's treaty of 1795. 

t Marshall 1,123. 



HISTORY OF KENTUCKY. 133 

tin* cup was an article of delicate luxury, almost as rare as an 
iron fork." Every hunter carried a knife, too aptly called a 
scalping knife, in the hands of the white man, as well as 
in those of the Indian; one or two knives would compose the 
cutlery for families, never deficient in their numbers. The 
furniture of the cabin was appropriate to the habitation; the 
ta^le was composed of a slab, or thick flat piece of timber 
split, and roughly hewn with the axe, with legs prepared in 
the same manner. This latter instrument was the principal 
tool in all mechanical operations, and with the adze, the auger, 
and above all the rifle, composed the richest mechanical assort- 
ment of Kentucky. Stools of the same material and manufac- 
ture, filled the place of chairs. When some one more curiously 
nice than his neighbors, chose to elevate his bed above the 
floor, (often the naked ground,) it was placed on sla,bs laid 
across poles, which were again supported by forks driven into 
the ^oor. If, however, the floor happened to be so luxurious, 
as to be made of puncheons, (another larger sort of slabs,) the 
bedstead became hewed pieces, let into the sides of the cabin 
by auger holes in the logs. It is worth while to mention, that 
the cradle of these times, was a small rolling trough much like 
what is called the sugar trough; used to receive the sap of the 
sugar maple. Still the food in these rude habitations, and with 
this rough and inartificial furniture, was the richest milk and fin- 
est bu'ter furnished by the luxuriant pasture of the woods, cover- 
ed with the rich pea vine and the luscious cane. The game of 
the country, it has been already seen, struck the experienced 
eye of even Boone, as profuse beyond measure ; it v/as the 
theme of admiration to every hunter: nor did the abundance 
afford slight assistance to the whites, in their conquest of the 
land. It has often been remarked, that Kentucky could never 
have been maintained against the Indians, bad it not been for 
the ample store of provisions, which the forests supplied. The 
enemy would never have permitted provisions to have been trans- 
ported, or to have grown by the slow and peaceable processes 
of farming; and the consequence must have been, that the sta- 
tions would have been starved into surrender; but for the 

M 



134 HISTORY OF KE^xrcKY. 

providential supply of the deer, the buffalo, and the bear. 
These were to be obtained by every gallant rifleman; and this 
so abundantly, that the buffalo has often been shot in order to 
enjoy either its hump or its tongue. The hospitality of these 
timo^, was much less a merit, than an enjoyment; often a pro- 
tection to both parties. The fare was rough, but heartily and 
crenerously divided with ever}" fellow woodsman. 

It would not, however, be justice to the manners and charac- 
ter of the present state of society; any more, than to those of 
the times we are describing, to conclude the portrait here^ 
Hardihood, bravery, endurance of suffering and generosityj 
were prominent and undeniable features in the character of the 
first settlers of Kentucky. These qualities are attested by the 
whole history of their gallant, hardy, and magnanimous deeds, 
in the conquest which they made of this lovely land, from such 
wily, ferocious, and formidable tribes of Indians, assisted by 
the ample resources of Great Britain. Literature and science 
with their train of humanizing arts, and the thousand delightful 
excitements to activity of mind, which they furnish, it would 
be worse than folly to expect, in these, not misnamed, barbar- 
ous and primitive times of Kentucky. Government was nearly 
as simple, as the impalpable policy, subsisting among the In- 
dians; the complexities of law were uncalled for in this condi- 
tion of few wants, and nearly universal means of gratifying 
them. Trade there v/as none; for there was nothing yet to 
give in exchange. Did any man want land? He could occupy 
anv quantity, that he could defend against the Indians . Did he 
want clothing or subsistence? His rifle would furnish any 
supply of either, which his activity and his industry could com- 
mand. Avarice and the love of gain had scarcely at first a 
temptation to develope them. What a chasm must then have 
existed, to be filled by one of the fiercest and most insatiate 
passions of the human mind 1 Still let it not be supposed, that 
our early society was quite one of Arcadian fiction. Though 
politics did not distract the community with their noisy din and 
bitter contentions ; though traffic and labor did not furnish their 
topics of strife, and sources of discontent j still there was no 



HISTORY OF KE^'TucK\^ 135 

absence of rivalry, and that pursued with sufficient bitterness. 
They would dispute who was the best shot, who the most supple 
wrestler, the strongest man, or the " better man" in a fight; nor 
were these disputes always bloodless; and even sometimes 
were settled with the knife and the rifle. The female sex, 
though certainly an object of much more feeling and regard, 
than among the Indians, was doomed to endure much hardship, 
and to occupy an inferior rank in society to her male partner. 
In fine our frontier people were m ich allied to their contempo- 
raries of the forest in many things, more than in their com- 
plexions. To be sure this is but a general sketch of the early 
mass : there were among them, men of finer mould and supe- 
rior character, who would have adorned any state of society; 
and these remarks must be severely restricted to the body of 
the earliest emigrants. This picture has little or no resem- 
blance of Clark, of Harrod, and Boone; Bullitt and Logan; 
Floyd, the Todds, and Hardin; and no doubt many other no- 
ble spirits, who were the lights and guides of their times. It 
was a state of society peremptorily extorting high physical 
faculties; more than mental exertions, or artificial endowments. 
When, therefore, we learn that Boone, Harrod, and Logan 
were little advanced in artificial learning; let no reader be so 
unjust or unthinking, as to treat their memory with contempt. 
Letters could have ill supplied their manly spirit, their vigor- 
ous frames, and above all, their talents and tact in command- 
ing the respect and confidence of a rough and fierce class of 
men, while living; and which excited their sincerest regrets, 
when dead. These gallant and magnanimous hunters of Ken- 
tucky, will ever be sacred to the hearts of all lovers of brave 
and noble deeds; however they may have been unadorned by 
the polish and beauty of learning. Charlemagne was no less 
the Emperor of the west of E trope; he was no less the master 
spirit of his time, stamping his impress on his generation; be- 
cause he signed., and could not artificially subscribe his name. 
Artificial education, or the learning of books, is too often con- 
founded with that higher education, consisting in the develop- 
ment of the mind, inspired by surrounding circumstances, and 



136 HISTORY OF KENTUCKY. 

which is open to all the children of man, whether favored by 
civilization or not. 

The religion of these times must necessarily have suffered 
amidst the pressing privations surrounding the inhabitants; it 
could not have been greatly cultivated amidst the struggles 
with want, and battles with Indians. Yet the heart of the har- 
diest male, much less of the female, must often have melted with 
reverence for that Being, whose secret and invisible providence 
watched over their weakness, and saved them from the perils 
of the rifle and the tomahawk. True, many fell victims to the 
Indians; many were burned and tortured, with every refine- 
ment of diabolical vengeance ; others were harrowed with the 
recollection of their children's brains dashed out against the 
trees ; the dying shrieks of their dearest friends and connexions ; 
still the consolations of Heaven, were not absent from the dying 
spirits of the former; or the v/ounded hearts of the latter. la 
the beautiful poetry of Bryant: 

" The groves were God's first temples. Ere man learned 

" To Iicw the shaft, and lay the architrave, 

•' And spread the roof alove them, ere he framed 

" The lofty vault, to gather and roll back 

" The sound of anthems, m the darkling wood, 

" Amidst the cool and silence, he knelt down, 

" And ofler'd to the Mightiest, solemn thanks 

" And supplication." 

Temples and priests, important as they undoubtedly are, to 
a cultivation of a love for heavenly meditations, and the moral 
glories of another and higher state of being, are, let it never 
be forgotten, not indispensable. The religion of the heart, 
gratitude to God and love for man, flourish in the rudest 
stages of society ; and not unfrcquently with more purity, than 
amidst the accumulated ten ptations of refined life. There was, 
indeed, as might most naturally be expected, a roughness of 
exterior; (though conventional forms of society are never to be 
confounded with the essence of true politeness) there was too 
exact a retaliation of the savage warfare of their subtle and fe- 
rocious enemies; there was too little respect for the rights and 
moral claims of Indians; but to lie, to cheat, to desert a fellow 



HISTORY OF KENTUCKY. 137 

hunter in distress, were vices unknown to the brave and sim- 
ple men who conquered Kentucky. A manly love of truth 
and independence of spirit, which would right itself in "the court 
of Heaven," were almost invariable traits in their character. 

There are some curious particulars in our early arts, which 
may well be recorded. *Hats were made of native fur, and 
sold for five hundred dollars in the paper money of the times; 
the wool of the buffalo, and the bark or rind of the wild nettle, 
were used in the manufacture of cloth, and a peculiar sort of 
linen out of the latter. 

In December, 1781, the Legislature of Virginia extended the 
scale of depreciation, at which her issues of paper money 
should be taken, from one and a half paper dollars for one hard 
or metallic dollar, to one thousand dollars in paper, for one in 
silver. The certificates of this depreciation, which were issued 
in exchange for the previous currency, were directed by law 
to be taken for taxes and for lands belonging to the state. 
The price of the latter was fixed at a specie valuation; but so 
reduced as to make them cost less than five dollars in hard 
money, or the paper price of the warrant was subjected to the 
scale of depreciation, so that land v/as obtained " for less than 
fifty cents per hundred in silver." A temptation to pour a 
flood of paper money on the lands of Kentucky, which trebled 
and quadrupled the land claims of the country, to its deep and 
lasting distress. 



CHAPTER IX. 



Land Titles— Attempts to sever Kentucky from tlie United States— John Jay resist* 
them — Supreme District Court ps'ahlished-^James Wilkinson — Commercial Associa- 
tion in Philadelphia — Settlement oi VVashiniton, in Mason county — Indian depre- 
dations — First Convention — Virsinia a<rrees to a separation of Kentucky — Clark'a 
unfortunate expedition m 1786— Colonel Logan's expedition. 

During this comparative exemption from Indian hostility, the 
energies of Kentucky were now principally turned to the ac- 
quisition of land: this was particularly facilitated by the arri- 

♦ Marshall 1, 124. 

M* 



138 HISTORY OF KENTUCKY. 

val of Colonel Thomas Marshall, and John May, as surveyors 
for the new counties of Fayette and Jefferson : these gentlemen 
opened their offices late in November, 1782, having been de- 
layed by the grand expedition under General Clark. One 
office was opened at Lexington, and another at Coxe's station, 
in Jefferson county; the third has been already mentioned. 
Here commenced that scramble for land, which has distressed 
and desolated society in Kentucky almost as calamitously, as 
pestilence or famine. The original source of the misfortune 
was, leaving the survey of the country to individuals, and 
not doing it by public authority. Could the public lands of 
Virginia have been delayed in their survey and sale, until they 
had been laid off by public appointment, how happily might 
the claims of her regular soldiers, and her irregular, though 
scarcely less useful pioneers, in another field of her service, 
have been satisfied ! The residue might have been snatched 
from the speculator and offered in open market for the benefit 
of her treasury. But other counsels prevailed, and Kentucky 
was opened to the conflicting claims of innumerable locators 
and surveyors, producing a labyrinth of judicial perplexities, 
through which it became necessary to pursue the landed pro- 
perty of the country, to place it jn a state of security. It is not 
known what States besides those of New England, made their 
sales of land upon previous public surveys. This system was 
adopted so early as the 20th May, 1785, in regard to the public 
lands of the United States, and has most wisely been observed 
to this day. 

On the subject of the legal condition of lanued estate in Ken- 
tucky, the preface to Chief Justice Bibb's Reports; aftbrds a 
sketch drawn by the hand of a master. The melancholy effects 
on the peace and prosperity of private citizens, volumes could not 
pourtray. The breaking up of favorite homes, improved at the 
hazard of the owner's life, and fondly looked to as a support for 
declining age ; and a reward for affectionate children, swept away 
by refinements above popular comprehension, produced most 
wide spread discontent and distress; promoted a litigious spirit, 
and, in some instances, a disregard of legal right in general, 
which had presented itself in such odious and afflicting aspects. 



HISTORY OF KENTUCKY. 139 

The preliminary articles of peace between the United States 
and Great Britain, which had been signed on the 30th of No- 
vember, 1782, were *not known in Kentucky until the spring 
of 1783 ; a singular illustration of the imperfect intercourse be- 
tween the western section and the other parts of the country. 
While this history is writing, the ordinary rate of the mail from ^ 
Louisville to vVashington City, and Philadelphia, is only about 
a week or eight days to either place — showing the great dis- 
parity of time between the transportation of the mail now, and 
at the period to which we have already referred. 

This is not the place to expatiate upon the honorable termi- 
nation, to the labors and sacrifices of the patriots and sages of 
the Revolution; but the incidental operation which peace 
produced on our domestic hostilities, most strictly appertains to 
the affairs of Kentucky. The Indians alarmed at the approach- 
ing loss of their powerful allies, who had fed, and clothed, and 
armed them against their most hateful enemies, suspended their 
incursions into Kentucky. 

It must be interesting as connected with the negotiation of 
peace, to observe the attempts which were so artfully urged, to 
sever Kentucky from the rest of the confederacy ; and to no- 
tice how ably they were repelled. The first step in this in- 
sidious intrigue was taken by Count Lucerne at Philadelphia, 
in conformity with instructions from Count de Vergennes, the 
French Minister of State. On the arrival of the former gen- 
tleman, he lost no time in pressing jon Congress certain in- 
structions for their ministers at Paris, pursuant to the following 
ideas: 1. " That the United States extend to the westward no 
farther than settlements were permitted by the British procla- 
mation of 1763;" 2. "That the United States do not consider 
themselves as having any right to navigate the Mississippi, no 
territory belonging to them, being situated thereon;" 3. "That 
the settlements east of the Mississippi" (embracing Kentucky 
with her southern neighbors) "which were prohibited as above, 
are possessions of the crown of Great Britain, and proper ob- 
jects against which the arms of Spain may be employed for 

* Marshall 1, 155. f Pitkin II, 92. 



140 HISTORY OF KENTUCKY. 

the purpose of making a permanent conquest for the Spanish 
crown." In consequenca of adverse events happening to the 
American arms, Congress, on the motion of the delegates from 
Virginia, authorized by a resolution of the Legislature in 1781, 
and assented to by all the southern States with the exception of 
North Carolina, "^instructed Mr. Jay, their minister at Madrid, 
" no longer to insist on the free navigation of the Mississippi 
below the southern boundary of the United States." Still these 
concessions were fruitless, and Spain would neither acknow- 
ledge American Independence, nor form any treaty; though she 
would jhave granted any money required by the exigencies of 
America; provided Mr. Jay would have entered into her favor- 
ite scheme, of excluding all foreigners from entering the gulf 
of Mexico by the rivers of the north. This independent firm- 
ness of John Jay, under the pressure of bills drawn upon him 
by Congress for half a million of dollars, in expectation o( Spa.u- 
ish assistance, must immortalize him among American patriots. 
But notwithstanding the failure of this favorite Spanish 
scheme at Madrid, it was pressed again at Paris by the Span- 
ish minister. Count Aranda, supported by Count deVergennes, 
and his secretary, M. Rayneval, with the same happy result . 
upon the same minister. This second failure, when supported 
with the whole influence of the French cabinet, is the more 
astonishing and honorable to the character of Mr, Jay; since 
tlie French minister at Philadelphia had the adroitness to 
persuade Congress in a moment of either despondency or 
of credulous confidence, to instruct its ministers at Paris 
I" to undertake nothing in the negotiations for peace or truce, 
without their knowledge and concurrence," meaning the con- 
currence of the King of France, " and ultimately to govern 
yourselves by their advice and opinion." A step of degrading 
compliance, which, whenever this country may be again dis- 
posed to take, it had better surrender in form, an independence 
which she would no longer retain in reality. Yet armed with 
the perverted authority of their own government, the Ameri- 
can plenipotentiaries extricated themselves from the toils pre- 

* Jay'B Life 1, 120. f Pitkin II, 97. Idem, 99. J Idem, 109. 



HISTORY OF KENTUCKY. 141 

pared for them by a foreign court; and by firm and sagacious 
concert, brought their country out of war, into peace and inde- 
pendence, with exalted honor. Lotus now attend to some of 
the proposals which would have implicated the future condition 
of Kentucky* The Secretary of the French minister of State, 
after a long argument to show that the rights of the United 
States were derived through Great Britain, and that she had 
acknowledged the Indians as an independent power belonging to 
neither party, proposed to run the boundary on the west to Fort 
Thoulouse, (the head of the Tombeckbee) and then by various 
points, which the author has been unable to identify in our more 
recent topography, to intersect the t" Cumberland river; whose 
course is to be followed until it falls into the Ohio. The sava- 
ges to the west of the line described, should be free and under 
the protection of Sj^ain;'''' "the lands situated to the northward 
of the Ohio," " must be regulated hy the court of London.''^ 
Fortunately these joint intrigues of France and Spain were 
most adroitly counteracted by John Jay on his own individual 
responsibility; against the opinion of Dr. Franklin, and against 
his own instructions, though ultimately and cordially supported 
by both Franklin and the elder Adams, who joined the commis- 
sion some time afterwards. 

In March, 1783, an improvement of the judiciary in this dis- 
tant section of the State, was directed by the Legislature of 
Virginia, uniting the three counties into a district, to be called 
the District of Kentucky, with a court of common law and chan- 
cery jurisdiction co-extensive with its limits, and possessed of 
criminal jurisdiction. The District Court was opened at Har- 
rodsburgh on the 3d of the month, by John Floyd and Samuel 
McDowell as judges;. George Muter did not attend until 1785, 
the two former appointed John May their clerk. Walker Daniel 
was likewise appointed by the Governor of Virginia, Attorney 
General for the District of Kentucky. This constitutes the 
third legislative alteration of Kentucky; 1. the county of Ken- 
tucky; 2. the three counties sinking the name of Kentucky; 
and now, 3. the District, reviving the name of Kentucky to 

* Pitkin II, 139-HO. f State Papers, vol. II, 169. 



142 HISTORY OP KENTUCKY. 

go out, we trust, no more forever. This commenced the higher 
judicial organization; *at this time, no house at Ilarrodsburgh 
could conveniently accommodate the court; and it adjourned to 
a meeting-house near the Dutch station, six miles from its place 
of meeting. The Attorney General and clerk were directed to 
fix on some safe place, near Crow's station, close to the present 
town of Danville, for h>lding the court; they were authorized 
to procure a log house to be built large enough to accommodate 
the court in one end, and two juries in the other; they were 
likewise authorized to contract for building a jail of hewed or 
sawed logs, at least nine inches thick. This arrangement for 
buildings, so suitable to the poverty of the mechanic arts at this 
time, gave rise to the town of Danville ; which continued the seat 
of the District Court, and was the place of meeting for all the 
early public assemblies of Kentucky. Yet this ancient town, 
if any thing artificial in Kentucky is entitled to the name, has 
by some strange juggle of political intrigue, ceased to be the 
seat even of a county: may its college and its benevolent asy- 
lum for the deaf and dumb, compensate the inhabitants of this 
delicious section of Kentucky, for the wayward tricks, of which 
they have been made the victims. Society now rapidly assum- 
ed the character of older and riper communities. A fertile soil, 
liberty and peace, soon spread their benign effects over the 
land. In consequence, the fields smiled with the heavy crops; 
cattle and hogs throve in the rich range of the woods to an as- 
tonishing degree. Emigrants diff'used considerable money, and 
labor was well rewarded. Mechanics, divines, and school- 
masters, fast followed to fill up the picture. Several crops of 
wheat were raised on the south side of the Kentucky river; 
some distilleries were erected for the distillation of spirits from 
Indian corn. This year was likewise distinguished by the open- 
ing of western trade with the fair and opulent city of Philadel- 
phia, by Daniel Broadhead, who brought merchandise from 
that place in wagons to Pittsburgh, and thence in boats to 
Louisville; where it was offered for sale, and thus established, 
it is believed, the first store in the State for the sale of foreign 

* Marshall 1, 157. 



HISTORY OF KENTUCKY. 143 

merchandise. In Philadelphia were formed several companies 
of land speculators, who converted their hordes of paper money 
into Virginia land warrants j and added a new impulse to a tide 
already at the flood. A commercial association had likewise 
been formed at the above place ; the active partner of which, 
was James Wilkinson, afterwards so prominent in western 
affairs; who in February, 1784, arrived in Lexington. So im- 
pressive and influential were the movements of this gentleman, 
though only in private life, that they constitute quite an era in 
the history of Kentucky. The conclusion of the definitive treaty 
of peace which was signed at Paris, in September, 1783, (but 
the ratification of the parties not exchanged until May, 1784,) 
it was fondly hoped would have immediately led to the surren- 
der of the British posts on the lakes, and, in consequence, to a 
control over the conduct of the Indians; this, whether they 
have been in French, British, or American hands, has always 
followed that event. Mutual complaints of infractions of the 
treaty, and unfortunately as well grounded against Virginia, 
for suspending the collection of British debts in her courts; as 
against Great Britain, for retaining forts within the acknow- 
ledged limits of the United States; protracted the execution of 
the treaty. In the meantime the Indians perceiving the fron- 
tier fortifications, (which must strike them as the most palpable 
marks of power,) still in the hands of their old friends; neces- 
sarily relied upon the continuance of their protection against 
the Americans. This was too readily afforded by the agents and 
subjects of the British government; particularly those who 
were interested in retaining a monopoly ^of the fur trade. 
Truth likewise compels the acknowledgment, that many indi- 
viduals in Kentucky displayed a revengeful hostility to the 
Indians, not at all short of their own ferocity to the whites. In 
one instance a friendly Indian is said to have been seduced 
into the woods by a white man and secretly murdered; yet the 
punishment of the law could not be inflicted upon the offender, 
owing to the popular resentment against the old enemies of the 
whites, and their unjustifiable sympathy with a shedder of inno- 
cent human blood. The eflTect of this winking of the laws of 



144 HISTORY OF KENTUCKY. 

the white man, over his offences against his red brother, is said 
to have been instantaneous, "the amicable parties of Indians 
ceased, confidence was lost, friendly intercourse abated," and 
retaliation became the only appeal. It soon lighted up a re- 
newal of hostilities on the frontiers, for which it must never 
be forgotten in a just estimate of these wars, the Indians were 
predisposed by nearly two centuries' encroachments of white 
men on every thing dear to the very nature of the aborigines. 
Previous to again entering on another portion of our san- 
guinary annals, it will be interesting to notice the extension of 
our pacific domain, and the improvement of our social comforts. 
Hitherto that part of Kentucky lying north of Licking river 
had remained unsettled, as it was deemed dangerous from its 
contiguity to the northern Indians. Indeed, surveys had been 
suspended in this section of the District, by order of the princi- 
pal surveyor; they were afterward resumed, and again suspend- 
ed, by the appearance of Indian sign. Simon Kenton, how- 
ever, after an absence of nine years, repossessed himself of 
the improvement formerly mentioned, made in 1775, by this 
most wayward and enterprising man, near the present town of 
Washington, at the head of Lawrence's creek. Indian invasion 
was now threatened in a new direction; hitherto the hostile 
incursions had come from the north; but information was given 
Colonel Logan, that some of the Cherokee tribes meditated an 
invasion of the southern frontiers; while hostile intentions 
were demonstrated bv the northern tribes. These alarminff 
circumstances in the autumn of 1784, induced the Colonel to 
procure a meeting of the citizens at Danville, to adopt mea- 
sures for the public security. Upon taking the situation of the 
District into consideration, this assembly discovered that no 
legal authority existed here to call out the militia for offensive 
purposes; there was no magazine of arms or ammunition be- 
yond private supplies; nor any provisions or public funds to 
purchase them. The property of individuals was no longer 
in a time of peace, subject to be impressed as during the late 
state of war; moreover, the government of the state, that had 
already complained of expense, might refuse to pay for the 



HISTORY OP KENTUCKY. 145 

expedition, or " even to compensate for real losses." Under 
these embarrassments, the military expedition was abandoned, 
and fortunately; for whatever might have been th'^orrcctness 
of the intelligence communicated to Colonel Logan, no invasion 
by southern Indians was made this year. The meeting, how- 
ever, produced an effect much more important to the welfare 
of Kentucky than any temporary military party could have 
done; for in consequence of the discovery, which it had made 
of the want of suitable legal and political organization for the 
necessary purposes of so insulated a community, it was thought 
advisable to invite a convention of the representatives of the 
whole district, in the next ensuing month. This assembly 
might, it was hoped, make an imposing and effectual appeal to 
the Legislature of the State, upon these subjects of deep con- 
cern to Kentucky, To effect this first of our formal conven- 
tions, (though the second in fact) the meetmg addressed a writ- 
ten circular to each militia company, recommending it to 
elect one representative to meet at Danville, our temporary 
capital, on the 27th of December, 1784. The invitation was 
complied v/ith, and the representatives assembled in conformity 
with it : they organized themselves into a convention by elect- 
ing Samuel McDowell, President, and. Thomas Todd, clerk; 
and then proceeded to business. In a session " conducted with 
much decorum," which is indeed a national characteristic of our 
public assemblies, it was thought that many of the grievances of 
the district, might be remedied by suitable acts of the Virginia 
Legislature ; while others of the greatest magnitude involving 
the military defence, originated in the great distance of the 
country from the seat of the State government. These latter 
mischiefs could only be removed by a separation of the district 
from the parent commonwealth; and its erection into an equal 
and independent member of the American confederacy. This 
latter opinion finally prevailed by a decided majoritv, and it 
was reduced to a resolution, *" in favor of applying for an act 
to render Kentucky independent of Virginia." Still, with the 
deference due to the feelings and interests of a free people, 

* Marshall 1, 194. 

N 



146 HISTORY OF KENTUCKY 

which is the very essence of republican and popular govern- 
ment; and as the representatives to this convention were not ex- 
pressly elected with a view to so fundamental a political change 
as was now contemplated, the convention forbore to make the 
application to Virginia. It, however, earnestly recommended 
the measure to the district, and likewise at the ensuing April 
elections for members of the State Legislature, to elect represen- 
tatives to meet in convention in the ensuing May, This second 
convention was expressly charged with an interesting question, 
and one hitherto untried even in the school of American poli- 
tics, (rich as it is, in experiments ;) it was that of considering 
and determining the expediency of a separation of Kentucky 
from Virginia, and applying to its Legislature for their consent 
to the measure. Our confederacy had not yet exhibited this 
process of moral swarming in mutual harmony and peace; 
which has since been so often repeated, as to have familiarized 
our minds, to the grandeur of the political operation; one un- 
known to the annals of the eastern continent. Strange to re- 
late, at this time, abundantly as the press has since been dif- 
fused, wide as Volney remarks, as American settlements ; none 
yet existed in Kentucky. The circular address of the conven- 
tion of '84, to the people of the district was, therefore, a written 
one : the members to be chosen are said* to have been twenty- 
five, which were divided among the three countie^' according 
to their supposed population. This autumn is remarkable for a 
great accession to the population of the district, and the supe- 
riority of its character; the effect was instantaneous in stretch- 
ing out the frontiers, and enlarging a safe interior. The In- 
dians, too, are said to have very sensibly relaxed, even in their 
predatory warfare. With January, 1785, the county of NelsoQ 
was created out of all that part of Jefferson county, south of Salt 
river. On the ensuing March, the death of Elliott, who had re- 
cently settled at the mouth of Kentucky river, the burning of 
his house and dispersion of his family, struck the country with' 
no little alarm : it was interpreted by its indications of future 
«;onsequenccs, rather than the immediate effects, desolating aj; 

* Blarshall I, 195. 



HISTORY OP KENTUCKY. 147 

they were to a family, as innocent as their countrymen at large- 
April brought the double elections for members of the Legisla- 
ture of Virginia, and for a second convention at Danville. By 
the 23d of May, the members again assembled at their former 
place of meeting, and organized themselves. The decorum of 
the public proceedings of this assembly, as well as that of the 
conduct of the attending citizens , are particularly remarked by 
our first and venerable historian. The result of their delibera- 
tions will be found in the following recommendations. 

1st. " Resolved, unanimously, as the opinion of this conven- 
tion, that a petition be presented to the assembly, praying that 
this district may be established into a State separate from Vir- 
ginia;" and, 2dly, That another convention be elected to meet 
at Danville in the second Monday of August, " to take further 
under their consideration the state of the district." By a third 
resolution, the convention recommended '"•' that the election of 
deputies for the proposed convention, ought to be on the princi- 
ples of equal representation ;" by numbersy it is presumed, as 
the representation of Virginia was founded on the territorial 
principle, in disregard of population. This early and unani- 
mous indication of the democratic or popular spirit, in one of 
the earliest public assemblies of Kentucky, is a faithful key to 
her political complexion. The fervor of our State character with 
difficulty suspects, that this spirit may be carried to extremes; 
similar to those which hurried the republics of history to an 
early tomb, in the embraces of military usurpation. Not that 
the author controverts this particular application of the princi- 
ple of equality; for he believes, that no excellence of organi- 
zation, no nice adjustment of parts, with all the skill of political 
architecture, can protect any people against their own igno- 
rance and vice. The most complex, as well as the simplest 
fabrics of political science, must receive their character from 
that of their tenants and occupants, and not from the inanimate 
materials of which they are composed. It is not, therefore, of 
much import on principle, that a few more, or a few less, should 
be admitted to the right of suffrage under a political constitu- 
tion; since there must be an overruling mass of virtue and in^ 



148 HISTORY OP KENTUCKY. 

telligence to constitute the conservative power of society. 
While an exclusion of large classes, independent of universal 
disqualifications, such as minority, want of residence, &c., 
keeps up a constant excitement of discontent and ill-blood in 
the community, much more mischievous, than the admission of 
all to a political voice in the management of those affairs, which 
they may be called upon to defend, with their blood and their 
lives. 

It appears at this time rather singular, that this convention 
in a spirit of dependence and passiveness, apparent!)^ uncalled 
for by their delegated authority, should decline acting efficient- 
ly and promptly under the powers which were so expressly 
conferred upon them by their choice, under the express call of 
the previous assembly in December, '84; but should again 
weary the patience, and disappoint the reasonable expectations 
of the com.munity, by referring the question of separation to 
another convention. The members of this third convention 
were apportioned among the counties by comparison of muster 
rolls, and the recollection of members, (for as yet no census 
had been taken) in the following ratio: the county of Jefferson 
to have six; that of Nelson, six; that of Lincoln, ten; and of 
Fayette, eight representatives. They adopted a petition to 
Virginia, and likewise an address to the people of the district, 
which will be found in the appendix. The latter presents an 
interesting picture of the domestic sta*e of Kentucky. The 
recommendation of another convention was again regarded upon 
the part of the people, and on the Sth of August, 1788, the assem- 
bly met at Danville; they again chose Samuel McDowell their 
President. This body after having deliberated some time, 
came to the following resolution unanimously, which was re- 
ported by George Muter, as chairman; "that it is the indispen- 
sable duty of the convention to make application to the Gene- 
ral Assembly at the ensuing session, for an act to separate this 
district from the present government forever, on terms honora- 
ble to both, and injurious to neither." This resolution, and its 
eloquent preamble, were followed by an address to the Leg- 
islature of Virginia, and ths people of the district, in a style of 



mSTomr ov Kentucky. 149 

dignity and ornament, yet unprecedented in the public pro- 
ceedings of Kentucky. They were certainly the production of 
General Wilkinson, at the time in question, a member of the 
convention. This gentleman, whose emigration to the district 
has been noticed, now began to act a part of leading importance 
in the history of Kentucky; indicative of the distinguished 
figure, which his impressive powers as a fine writer, his mili- 
tary service, and distinguished abilities, enabled him to exhibit 
in the affairs of the nation. It will be perceived, that there is 
in these papers, an elevation of political ideas, richly dressed in 
appropriate composition; nor should any political imputation 
rest upon them, as has been insinuated,* because this assembly 
petitioned for '•' sovereignty and independence." Sovereignty 
was much more consistently the attribute of the members of 
the old confederation, than those of the present constitutional 
Union. That there is exaggeration of practical grievances may 
be admitted; for what orator can deign to restrain his imagina- 
tion within a vulgar and sterile state of facts? What painter 
will always touch af(er nature, and put on no tints finer than 
those of her pencil? Besides the General was writing for an 
ardent and high tempered people, who would readily disdain a 
tame and frigid memorial, as evincing an abandonment of their 
rights, or at least, an insensibility to their value. Georo-e 
Muter, who was Chief Justice, and Harry Lines, then the 
Attorney General, on the death of Walker Daniel, were or- 
dered to present the petition to the Legislature of Virginia, 
and to support it before that body. The county of Bourbon was 
this year laid off from Fayette; and the counties of Mercer and 
Madison from Lincoln ; enlarging the counties of the district 
to seven. The Legislature of Virginia received the petition of 
Kentucky with the liberality, which has generally marked that 
magnanimous State. It passed an act providing for the election 
on the ensuing August, by the free white male inhabitants of the 
district, of five representatives from each of the counties ; who 
should determine whether it be expedient for, and the will of the 
good people of the district, that it should be erected into an inde^ 

* Marshall 1, 215. 
N* 



150 HISTORY OF KENTUCKY. 

pendent State on certain conditions. It was, moreover, enacted ^ 
that if the convention should approve of separation, a day 
should be appointed posterior to the 1st of September, 1787, 
when the authority of Virginia should cease ; provided that the 
Congress should prior to the 1st of June, 1787, assent to said 
separation, relieve Virginia from her federal obligations arising 
therefrom, and admit the said State into the federal Union. 
Military expeditions against the Indians, whose hostilities had 
again broken out, (an account of which will appear in their 
proper place,) prevented the attendance of a quorum of this 
fourth convention; in consequence of which, a portion of the 
body, calling itself a committee, forwa rded to Mr. John Mar- 
shall, (the present venerable and pre-eminent Chief Justice of 
the United States) a memorial to be laid before the Legislature, 
reciting these embarrassments, and praying an alteration of 
terms in the sejiarating act. This memorial was granted, 
according to its prayer; an act in conformity was passed, and 
arrived at Danville in January, 1787, after a formal vote had 
been taken in favor of the separation; and thus fell the fourth 
convention of Kentucky on the subject of separation, to give 
birth to a fifth. Mr. Marshall, to whom the memorial had been 
transmitted, addressed a letter to the convention explanatory of 
the cou'so taken by the parent commonwealth. The most im- 
portant of these reasons was, that the delay in executing the 
act of V^irginia, had rendered it impracticable to obtain the 
assent of Congress, before June, 1787. The new act of Vir- 
ginia continued its assent to the separation; but required a 
convention to be re-elected by the ensuing August, and to sig- 
nify its assent to the political divorce by a majority of two- 
thirds; its operation was, moreover, postponed until the 1st of 
January, 1789. Thus then hud the people of the district been 
tantalized from December, '84, to January, '89, tossed from 
one political assembly to another, and finally their most inter- 
esting feelings and passions kept in an agitation, easy to be 
conceived. It is, indeed, a high and honorable proof of politi- 
cal order and subordination in Kentucky, that so impetuous a 
people, should under circumstances of such irritation and disap=- 



HISTORY OP KENTUCKT. 151 

pointment, have preserved the peace of the State ; and this, at 
an extremity of the territory of Virginia, almost invitmg to for- 
cible separation, in defiance of such repeated mockery of their 
expectations. 

Two additional sources of agitation now began to shed their 
influence on the public mind; 1st. The Indian hostilities; and 
2dly, Apprehensions respecting the navigation of the Missis- 
sippi. 

In regard to the first, depredations continued to be made by 
the Indians on the frontiers. From '83 to '90, a little later than 
the time of this portion of the history, '-fifteen hundred persons, 
including women and children had been killed or taken prison- 
ers by the enemy, south of the Ohio ; besides taking two thou- 
sand horses and property to the amount of fifty thousand dol- 
lars;"* to punish these, or in the more lordly style of other par- 
ties, to take " satisfaction for the past, and indemnity for the 
future," an expedition was resolved upon under their old and 
favorite leader. General Clark, from Louisville. About a thou- 
sand men assembled at the place of rendezvous, and their pro- 
visions in nine keel-boats, were despatched down the Ohio, to 
ascend the Wabash as high as Vincennes, for which point the ex- 
pedition marched. On assembling in the neighborhood of this 
place in October, 1786, the tparty lay for nine days waiting the 
arrival of theie transports, which had been delayed by the low 
water of the Wabash, until half of the provisions was spoiled; 
and the portion which accompanied the expedition exhausted, ex- 
cept a few bullocks. This delay proved most fatal to the expe- 
dition; with irregular troops, inactivity is equivalent to defeat. 
A spirit of discontent soon manifested itself in camp^ even be- 
fore the arrival of the boats, and before the state of the supplies 
was known; afterwards it showed itself more openly. The 
absence of Colonel Logan may have contributed to this with 
his immediate followers, and who might otherwise have been 
preserved in subordination. The army (if not too magnifi- 
cent a term,) was placed upon short allowance, and marched 
toward the Indian towns, which were the object of the attack. 

* Judge InncB in Political Transactions. t Marshall 1, 248. 



152 HISTORY OP KENTUCKY. 

A flag of truce was despatched to the Indians (it is said, rather 
doubtingly by Mr. Marshall) with the offer of peace or war. 
Such an offer is so inconsistent with the usages of Indian war- 
fare, in which surprise is so essential a feature, that it throws 
some discredit on the relation. Unless General Clark might, 
in a state of peace, and in the difficulty of discriminating one 
tribe from another, have felt himself bound to make this depar- 
ture from his former most successful practice. It is also true, 
that General Wayne in time of war sent, at great hazard, re- 
peated flags to the Indians, in order to bring them to terms. 
Whatever may have been the fact, this measure on the part of 
the General, in addition to the want of provisons, is represented 
to have converted previous restlessness, into positive disaffec- 
tion, " fomented by some officers of rank, who were displeased 
with the General." This state of things eventuated in three 
hundred men deserting in a body, when but two days march 
from the Indian villages. In vain the gallant veteran, who 
had never yet led his countrymen to defeat, addressed the 
mutineers " in the most soothing and earnest terms of entreaty 
to stay ;" in vain the noble soldier " shed, tears" over the dis- 
graceful conduct of his men, which he must have felt blighting 
to his own fame. The evil spirit of discontent had got posses- 
sion of the troops, and they obstinately returned home, without 
having seen an enemy, or struck a blow. Still there was a 
residue left greater, enormously greater than many a gallant 
band, that had penetrated in earlier times into the very heart 
of the Indian country; spreading dismay and destruction before 
it. But something was wanting on this expedition, more essen- 
tial than numbers; without which the largest numbers, only 
increase the spoil of an enemy ; it was a manly and patriotic 
subordination to orders, and an honorable confidence of the men 
in their officers, and of officers in their commander. Never 
had General Clark led so unfortunate a party; hitherto victory 
seemed to have hung with delight upon his banner; and for 
him to appear was to conquer all opposing difficulties. At the 
same time, mournful as the truth is, and reluctantly as the 
record is wrung from the author, General Clark was no longei 



HISTORY OP KENTUCKY. 153 

the same man, as the conqueror of Kaskaskia, and the captor 
of Vincennes. The mind of General Clark was wounded by 
the neglect of the Government of Virginia to settle his accounts 
for his great expeditions, which had stretched the republic to 
the Mississippi. Private suits' had been brought against him 
for public supplies, which ultimately swept away his private 
fortune; and* with this injustice, the spirits of the hero fell, and 
the General never recovered those energies which had stamped 
him in the noblest mould of a hero. At the same time it is feared, 
a too ready and too extensive conviviality contributed its mis- 
chievous effects. Clark, however, like himself, is said to have 
*been opposed to waiting at Vincennes; the radical error in 
the expedition; but he advised an immediate march with the pro- 
visions and the ammunition, which they had to the Wea towns; 
and that the residue behind, should be brought up by a detach- 
ment to be left for that purpose. Such advice bespeaks the 
Generals' former energetic character, in previous expeditions ; 
when a little meal mixed with sugar, composed all the rations 
of the men; but to have thought correctly, was to have acted 
accordingly, in the former course of General Clark. Why 
was it different now? Where-^was^ the overruling spirit, that 
had carried the British cannon at the head of his riflemen? 
The mournful answer is left to be made by every reader. Seve- 
ral officers are accused of having fomented the insubordination 
which terminated the expedition so dishonorably. 

The author may not forbear while incidentally on the inter- 
esting subject of General Clark, to quote the tribute to his high 
merits, by Buckongahelas, the head war-chief of the Delawares, 
at Fort Mcintosh, in 1785; where Clark attended as a commis- 
sioner to treat with the Indians, assisted by Arthur Lee and 
Richard Butler. When the peace-chiefs had addressed the 
commissioners, jBuckongahelas, not deigning to notice the col- 
leagues of Clark, took the latter by the hand, and said, "I thank 
the Great Spirit for having this day brought together two such, 
gi'eat warriors, as Buckongahelas and General Clark." 

* Captain B. Galne's letter to the author. f Memoirs of Harrison 82, note 2. 



154 HISTORY OF KENTUCKY. 

A more fortunate issue attended the expedition of Colonel 
Logan, who had been detached by General Clark from his 
camp at Silver creek opposite to Louisville, to return to Ken- 
tucky, and raise as expeditiously as possible another party to 
go against the Shawnees whose attention, it was supposed,, 
would be engaged by the Wabash expedition. Logan repaired 
home, and soon returned with *" a competent number of mount- 
ed riflemen." On this rapid expedition, a town of the Shaw- 
nees was burned, a few warriors killed, and a number of 
women and children brought away prisoners. This, as usual, 
consoled the public mind in some degree, for the misfortunes of 
General Clark.j 



CHAPTER X. 



Earliest attempts at Navigating the Mississippi, by Americans— Colonels R. Taylor anri 
Linn — Negotiations between Jay and Gardoqui — Discontents at Pittsburgh, and in Ken- 
tucky — Trade of Wilkinson with New Orleans — Suspicions of his fidelity — First Newt- 
paper in Kentucky — Constitution of the United States. 

The attention must now be directed to the navigation of the 
Mississippi, which at this time began to excite the public interest 
from Pittsburgh to Louisville; these were the extreme points 
of any dense population, with wide and fearful gaps between. 
Previous to narrating the agitation and intrigue, which rapidly 
and widely connected themselves with this tender subject of 
western interest, some notice will be taken of the earliest ex- 
periments in navigating this powerful and turbulent river. 

* Marshall I, 251. 

t This expedition was prepared in conformity ti resolutions of the inhabitants of the 
District, assembled at Danville some time in 178G; the month is not mentioned in the 
proceedings; they are siirned by William Kennedy as chairman. These resolutions, 
together with an order of the Executive of Virginia, were acted on by the military officera 
of the District, who met at Ilarrodsburgh, on the '-'d of August, 17^:6. These gentlemen, 
among other resolutions, adopted one appointing '• General George Rogers Clark to act 
as general officer, and have the command and direction of the army at this time, ordered 
in ottensivfi operations against our enemy, Indians." Tlie doubts wnich were eritertained 
about the legality of impressments for provisions, (^-c, were submitted by the officers to 
Judges Muter and Wallace, and the Attorney General Innes. These officers certified it 
as their opinion, "that the Executive have deleirated to the field officersof this District all 
their power" in regard to impressmenfs, " and that they have a right to impress, if neces- 
sary, all supplies for the use of the mililia, that may be called into service." This opinicii 
ia directed toColouel Benjamin Logan, as President of the Board of oflicers. 



HISTORY OF KENTUCKY. 155 

The earliest Anglo-American enterprises in this direction, and 
indeed of wonderful boldness, which the author has been able to 
collect, are, 1st. That of Colonel Richard Taylor, formerly of 
the county of Jefferson, and often honored with distinguished 
public trusts. This gentleman, in company with his brother 
Hancock Taylor, both of Virginia, was at Pittsburgh in 1769, 
and thence descended the Ohio and MisJ)issippi rivers, to the 
mouth of Yazoo river. From this point the brothers passed 
through the country of the southern Indians to Georgia, and 
thence to Virginia. This information has been obtained from 
a deposition of Colonel Taylor in a suit at law. The second 
was communicated to the author by Captain William B. Wal- 
lace, a most worthy veteran of the Revolution, lately descended 
to the grave, covered with years and with honors: this gentle- 
man related that John Whitaker Willis, John Ashby, and Wil- 
liam Ballard, were engaged in tlie battle of 1774, at Point 
Pleasant, and after the engagement visited Kentucky, That 
being afraid to re.turn by the usual route, they hollowed out a 
pirogue (formed out of the body of a large tree) and passed 
down the rivers to New Orleans. From this port the party 
made its way to Pensacola; here they were assisted by the 
British Governor, and were conveyed round to Charleston, in 
South Carolina. Ashby was of Fauquier county, in Virginia; 
Willis, of Stafford; both neighbors of Captain Wallace, in Vir- 
ginia. The next effort at this perilous navigation was made 
*by Colonels Gibson and Linn, the latter the grand-father of 
the present Dr. Linn, of St. Louis, now in the Senate of the 
United States from Missouri. 

These gentlemen descended the Mississippi in 1776 fi-om 
Pittsburgh to New Orleans, by the orders of Virginia, it is pre- 
sumed, in order to obtain military stores for the troops station- 
ed at the former place. So extraordinary an adventure may 
well require particular confirmation to the mind of the reader; 
it can be furnished in the most remarkable manner. *John 
Smith, now or lately of Woodford county, in this State, was in 
J776, engaged in reconnoitering this country in company with 

* Louirrille Directory 103, by the aothor. 



156 HISTORY OF KENTUCKY. 

James Harrod, so eminently distinguished in the history of 
Kentucky difficulties and dangers. On their return the com- 
> panions separated ; Harrod to go to North Carolina, and Smith 
to Peter's creek, on the Monongahela. While travelling on the 
bank of the Ohio, the latter discovered Gibson and party de- 
scending it, who hailed Smith, and prevailed on him to embark 
in this, one of the boldest of the western adventures. The 
party succeeded in its object, and obtained a supply of one 
hundred and fifty-six kegs of gunpowder from New Orleans; 
which Smith helped to carry round the Falls to the mouth of 
Bear Grass creek in the spring of 1777. Each man carried 
three kegs along the portage, one at a time. The powder was 
delivered at Wheeling first, and thence conveyed to Pittsburgh. 
Independently of this particularity of circumstance, solemnly 
asserted on oath in a deposition at law, by a respectable party 
in the transaction, it was frequently mentioned by Colonel 
Linn in his life time, and is still known as his information, in 
the family left by this gallant and energetic man. 

Among the first buddings of intercourse rather than of trade 
with New Orleans from the western country, must be reckoned 
the voyages of Messrs. Tardiveau and John A. Honore, the 
latter an ancient and respectable French merchant of this city. 
These gentlemen left Redstone, now the town of Brownsville, 
on the Monongahela, in 1782 and '3, when there were but two 
houses in the place. The navigation of the western rivers was 
then much infested by banditti of white men, as well as of Indians. 
The French gentlemen mentioned, were both stopped by the 
Indians, and the former robbed by them ; indeed the river was 
as much debarred to trade, by the Spanish government, as by 
the Indians. American property was seized and confiscated 
by the Spaniards on its only way to a foreign market.* A 
negotiation on this subject, as well as other matters of national 
diflference, had commenced in 1785, between Mr. Jay and Don 
Diego Gardoqui, the representative of Spain in the United 
States, t" Congress had expressly ordered the Secretary for 
Foreign Aflfairs to stipulate both for the territory of the United 

♦ WilkiMon, toI. n, appendix, 6 4- IS. t Ja7'« L** I» 235, 23«. 



HISTORY OF KEXTUCKY. 157 

States, according to the treaty with Great Britain, and for the 
navigation ot^the Mississippi, from its source to th • ocean. Don 
Gardoqni, on tlie other hand, declared, that the Spanish Kiijg 
would never permit any nation to use t! at river, both banks of 
which belonged to him." Under these circumstances, Mr. Jay 
was called before Congress to communicate his views on the 
negotiation; " he informed Congress, that Spain was ready to 
grant the United Sratcs extensive and valuable commercial 
privileges; and that it was in her power, by her influence with 
the Barbary States, and by her connexion with France and 
Portugal, greatly to injure the commerce of America, and to 
beneiit that of England. Bjt that at present, the questions 
respecting the Mississippi, and territorial limits, prevented any 
commercial arrangements whatever; that his ov»'n opinion of 
the justice and importance of the claims advanced by the 
United States, had undergone no change; but that, under pre- 
sent circumstances, he thought it would be expe Jient to con- 
clude a treaty with Spain, limited to twentij or thirty years, and 
for the Unired Scates to stipulate, that durnig the Uyan of the 
treaty, they would yby'/;car to navigate the Missi>^.-i oi Le'ow 
their southern boundary," as it has been seen, was roc •. •. .icadcd 
by Virginia, during the Revolutionary war. This r;;: -inmen- 
dation by Mr. Jay, was founded on the opinion, " th:; K iwever 
important the navigation might ultimately be, it wo ;-d not 
probably be very essential durirg the proposed term;. and that, 
therefore, it might be good policy to consent noc to i ;., i^>y a 
certain period, what they did not want, in consiJci.itioa of 
valuable commercial privileges." The views of Mr. Jay v/ere 
sanctioned by seven Slates, but opposed by the u:he] -;x; still 
the Spanish minister would not consent to any treaty -vii i'.over, 
implying a right in the United S:ates to the navigatiuii i:i ques- 
tion; the negotiation proved fruitless, and wasfmaiiy loiiuinated 
by Gardoqui's return to Europe. This is an auiliou:i!j account 
of the negotiation under the old confederation in rcgi;d to ti^e 
navigation of the Mississippi; whicli, however, we might claim, 
the United States were in no position to extort b> fo.-c of annM^ 
under bo feeble a government, as then existed. - 

O 



158 HISTORY OF KENTUCKY. 

ncss and insignificance closely allied to what the German Em- 
pire used to be in Europe; it was, in the language of a favorite 
Revolutionary figure, a political barrel of thirteen staves with- 
out a hoop. Let us for a moment refiect, what would have been 
the effect of this cession for twenty years, as actually author- 
ized, or thirty years as the utmost limit proposed by the Secre- 
tary. Twenty years from 1783, would have brought the com- 
mercial limitation to 1803; four years after the suppression of 
the right of deposite at New Orleans. This itself blew the 
western country into a flame, that would have consumed all the 
ties of the confederacy, had its councils have slumbered over 
interests, so precious to this section of the United States. What, 
then, would have been the feelings of the country, what would 
have been its prosperity, had its trade with New Orleans been 
suspended for thirty years? Sagacious as the views of Mr. 
Jay generally were, they have been outstripped in this instance 
by the growth of the western country beyond the anticipations 
of our wisest statesmen. Oar progress has been a race scarcely 
checked by an accident on the course. Rumors of this negotia- 
tion, *"" when no post-office existed in Kentucky, and when 
no safe or certain mode of conveyance for letters cr newspa- 
pers was estauiished between this District and the rest of the 
Union," must necessarily have subjected the conduct of the 
Un;ted States' government, ihen held in New York, to much mis- 
conception, and to no little misrepresentation by intriguing or 
mistaken candidates for political promotion. These exaggerated 
representations on the sulject of a navigation, so deeply and 
vitally interesting to the United States, had produced an asso- 
ciation at Pittsburgh, nhich transmitted to Kentucky a most 
erroneous account of the Spanish negotiation, we.l calculated 
to kindle the passions of her people. This stat^ement purported, 
»'that John Jay had proposed to the Spanish minister, to surren- 
der the navigation in question for twenty or thirty years." The 
truth was, that the proposition was submitted to Congress, and 
was supported by seven northeastern States, against five south- 
ern ones; but the offer if made, which does not certainly appear, 

*MantbaIII,t55. 



HISTORY OF KENTUCKY. 159 

had been rejected by Don Gardoqui. An instruction to a min- 
ister was deemed to come strictly under the clause in the arti- 
cles of confederation, requiring the assent of nine States to 
form treaties with foreign nations; consequently the propoii- 
tion fell. Whether the offer was made under the repeal of the 
instructions of the 25th of August, 1785, previously carried by 
the vote of the same States, is not clearly exhibited; though 
implied by the language used in Mr. Jay's life, as well as by 
that of Mr. Pitkin. 

The communication from P ttsburgh naturally roused tht 
sensibilities of Kentucky, on so excitable a subject; one involv- 
ing all her prospects of commercial prosperity. A circular letter 
was addressed by ^Messrs. Muter, Innes, Brown, and Sebas- 
tian, in March, 1787, inviting a public meeting of the citizent 
of the District, at Danville, in the ensuing May. The language 
of this memorial has been obj- cted to, because it charged 
" Congress with proposing to cede to the Spanish court the navi- 
gation of the Mississippi for twenty-five or thirty years r" while 
that proposition had failed by an insufficient majority, under 
the ninth article, sixth section of the confederation. Yet a pr&- 
vious vote had, with some dispute, rescinded the former instruo- 
tion to Mr. Jay, to conclude no treaty wilh the Spanish minister, 
without obtaining " the free navigation of the Mississippi, from 
its source to the ocean :" and, moreover, jMr. Jay was at first 
instructed neither to make, nor receive any propositions, nor to 
enter into any compact with the Spanish minister without previ?- 
ously communicating the same to Congress." The circumstance, 
therefore, of \continuing the negotiation after the removal of 
the former restriction, certainly sanctions the idea of the Dai>- 
ville circular, that the suspension of the navigation in question, 
had been offered h.y Congress, through the Secretary, though it 
was disdainfully rejected by Don Gardoqui, as has been menr 
tioned. It must have been want of correct information, that 
induced either of the meetings at Pittsburgh or Danville, to 
procure an expression of public opinion on a matter, which had 
already failed at its inception. Nor was the mistake peculiar 

« Marshall 1, 259, t Fi^I^in II, 201. Idem, SOS. : Jaj's Lif« 1, 238. 



ICO HISTORY OF KENTUCKY. 

to these meetings; since a letter addressed from the Falls of 
Ohio ''^in December, 1786, to the Governor and Legislature of 
Georgia, represented a '^commercial treatif with Spain, "to be 
cruel, oppressive, and unjust." " The prohibition of the navi- 
gation of the Mississippi has astonished the whole western 
country. To sell us and make us vassals to the merciless 
Spaniards, is a grievance not to be bo.ne." A copy of this 
letter (and others of a similar character) were laid before Con- 
gress; which body on the 16th < f September, 1788, authorized 
its members to contradict the reports " that it was disposed to 
treat v/ith Spain for the surrender of their claim to the naviga- 
tion of the river Mississippi." This venerable body likewise 
resolved,! "that the free navigation of the river Mississippi, is 
a clear and essential right of the United States, and that the 
same ought to be considered and supported as such." Before 
these decided resolutions were adopted by Congress, the Legis- 
lature of Virginia, had also taken up the subject in November, 
1788; and had come to unanimous resolutions, most decisively 
fiivorable to the rights and interests of her western citizens, 
which she ordered to be laid before Congress. These mea- 
sures seem to have had their just effect wil;h the Danville 
assemblage ; and it adjourned without any definite expression 
of sentiment on the subject. A circumstance not a little re- 
markable, considering the subject, and the temper of those who 
composed the meeting: Kentuckians have not often assembled 
together, and dispersed so quietly : a fire of resolutions migh tat 
least have been expected. 

The rapid increase of the population, and consequent pro- 
duce for market, began to direct the public mind, more impa- 
tiently and indignantly to the Spanish obstructions in their 
only outlet to market, tin. June, 1787, General Wilkinson 
descended to New Orleans with a small cargo of tobacco and 
other articles; determined to try his enterprise and address at 
the seat of the Spanish government in Louisiana. While at 
New Orleans, General Wilkmson says, that he " made an 
arrangement with Governor Miro, for the introduction of seve- 

* Pitkiii 11^ 2C8. t Idem, 210. i WilkinBOn's Memoire, Tol. II, 112, 116. 



HISTORY OF KENTUCKr. 161 

ral thousand flimilics in that district on the Mississippi, which 
is now called West Florida; or one to be laid out on the Arkan- 
sas and White rivers ;" he likewise obtained the privilege of 

' (To 

furnishing, a considerable annual supply of tobacco for tho 
Mexican market, which would have secured immense fortunes 
for him and his friends. This statement of General Wilkinson* 
is corroborated by the testimony of the most unexceptionable wit- 
nesses, both Spanish and American: it is proved by official per- 
mits of Governor Miro. It is, moreover, apparently freed from 
corrupt and sinister views, by the testimony of Mr. Pollock, for 
twenty years, the confiJant of the Spanish Governoi's of Loui- 
siana; and by Gilbert Leonard, the Treasurer of the province. 
This proof is again confirmed by accounts current of the agents of 
General Wilkinson at New Orleans with their testimony; Colo- 
nel Ballinger in 1789 delivered two mules loaded with money 
from New Orleans, to Wilkinson in Frankfort, " in the prcsen^'o 
of many persons, whom he found there waiting his arrival," 
'' who were tobacco planters of Lincoln county, in Kentucky, 
and were there to receive their money for tobacco purchased 
of them by" Wilkinson. Indeed, the frequent remittances of 
money to General Wilkinson, by various agents, seem fairly 
and honorably explained by this tobacco speculation; which 
Wilkinson, then a private citizen, had the most indubitable 
right to engage in; and which, in tact, opened a valuable 
market for the produce of this infant S-ate. It is due to the 
memory of General Wilkinson, to his distinguished services 
and persecutions, to declare thit, this pare of the su!)jcct was 
approached by the author with strong prepossessions against his 
purity. But on sifting the mas.5 of testimony procured by one 
military tribunal, and four conrnittecs of Congress,, added to 
that presented to a second court, and fiuJing the Genera! ac- 
quitted by both courts, and their sentences approved (reluc- 
tantly approved in the last instance) by two Presidents of the 
United States, the author has been forced into the conclusion, 
that this military o.licer, has beeu wronged in the suspicions 
and denunciations, so long aiid bitterly indulged agtinst hia 

♦ VVi!kin:Ou'> Menioi.s, vol. II, 196, 1G8, Aiipcr.di.K I. 

o* 



162 HISTORY OP KExarucKr. 

honesty. In the whole of these transactions, no foundation has 
been perceived for the surmise of Mr. Marshall; " that this to- 
bacco contract was a mere cover for a pension," (though there 
is a strong probability that it was a corrupt partnership with 
Governor Miro;) and " the clandestine and dishonorable part 
was carefully concealed from all but coadjutors." ^Indeed, for 
the purposes of Kentucky history, it may be sufficient for the 
refutation of this construction, to appeal to the repeated deci- 
cisions of the competent tribunals, after most unexampled and 
unrestrained investigation. 

General Wilkinson did certainly show no reserve in dis- 
closing to his own government, these connexions with the 
Spanish officers at New Orleans; nor any backwardness in 
developing the circumstances, or in soliciting inquiry of Gene- 
ral Washington, or the elder Adams. He may have felt 
and shown the resentment natural to a man of high pride 
and professional sensibility, a' the suspicions of General 
Wayne ; which, as he told Colonel Morrison, a more frank and 
confiding demeanor would have instantly led him to explain, if 
not remove, by a full detail of the causes of this ill opinion. 
But one conclusive consideration in the mind of the author, 
which confirms the honor and fidelity of Wilkinson, is, that in 
his long and various public services, no one solitary instance 
can be justly alleged, in which he disregarded or violated the 
strictest and most zealous discharge of his duty. 

In the ensuing February, the General returned from New 
Orleans.! It was immediately rumored, that '• he had formed a 
contract with the Spanish Governor, which enabled him to ship 
tobacco and deposite it in the King's stores at ten dollars per hun- 
dred;" that he had become " a Spanish subject," and had taken 
"the necessary oath of allegiance." What truth there may have 
been in these latter surmises, is not in the power, nor within the 
province of history to declare: its materials ought to be higher 
than conjectures and suspicions. Future memoirs of Spanish 
statesmen, or access to the archives of their secret and jealous 
country, may one day develope the mystery of the first s'eps 
cf Span'sh intrigue in Kentucky. 

* Marshall 1, 183. j Idem, 271. 



HISTORY OF KENTUCKY. 1G3 

Wilkinson did, however, proceed to buy tobacco for the Span- 
ish market under the permits of Governor Miro; and spoke 
openly of his exckisive privilege at New Orleans, to deposite his 
tobacco in the King's store ; he also expressed himself in high 
terms of the right of navigating the Mississippi, and of a com- 
mercial connexion between the two countries. There is a mix- 
ture of innocent and suspicious matter in these allegations which 
requires to be discriminated. The right to the navigation was 
indispensable: the emigrants to Kentucky had no other homes 
to go to; they had brought their all to Kentucky; they must 
sink or swim with her. The independence of Kentucky might 
mean a separation from Virginia, but most probably was in- 
tended to impress the necessity of a disunion, because in no 
other way, could Kentucky have had any influence over the 
counsels of Spain. Yet it would have been a melancholy in- 
fatuation, which could for a moment have deluded Kentuckians 
to believe, that as dependents in the mist exalted sense, or 
nominal equals and allies, they could have enjoyed the security 
for their interests, much less their noble liberty, which a mem- 
ber of the great confederacy of North Americm republics could 
command. But a thousand conflicting attachments, and invet- 
erate prejudices of language, customs, and government, forbid 
the idea of a political connexion with Spain ever having been 
seriously meditated by the mass of the country. 

To present the first connexion of General Wilkinson with 
the Spanish government unbroken, the year has been antici- 
pated; which has led the narrative past the establishment of 
the first printing press in Kentucky, an era almost as worthy 
of commemoration in the backwoods of America, as its Euro- 
pean invention. Nor was this establishment altogether desti- 
tute of originality in the Kentucky printer. Mr. John Brad- 
ford, an ingenious and enterprising citizen of Lexington, not 
brought up to the business of a printer, undertook this impor- 
tant step in the political and intellectual improvement of Ken- 
tucky. There was not then a printing press on the western 
waters, nor one within five hundred miles of Lexington. Seve- 
ral of the type were cut out of dog-wood, and with this imper- 



164 HISTORY OF KENTUCKY. 

feet apparatus, on 'he ISdi of August, 1737, he and his brother, 
Fielding Bradford, published the Kentucky Gazette. It was at 
jfirst a weekly paper, printed on a demi sheet, which size was 
altered on the 1st of September following, into a medium sheet, 
and then it assumed one of greater dimensions. This name is 
still retained among the journals of the State, which^ in 1833, 
have amounted to twenty -nine or thirty. 

On the 17th of September, 1787, the fifth convention assem- 
bled at Danville, and unanim3usly decided for the separation of 
the district, upon the terms and conditions prescribed by the 
law of Virginia. An address was made to Congress for the 
admission of the new State into ''the federal Union, by th3 
name of Kentucky ;" and the last day of December, 1788, was 
fixed for the termination of tho authority of Virginia, and the 
commencement of the new republic. This co.ivention requested 
*^the delegates from the district in the Legislature of Virginia, 
to use their endeavors to have an inhabitant of the district ap- 
pointed a delegate to Congress for the ensuing year." Under 
this recommendation, Mr. John Brown was chosen the first and 
only member of the old Congress, under the confederation, from 
Kentucky. It, moreover, directed a convention to be elected, 
*• with full power and authority to frame and establish a funda- 
mental constitution of government for the propo ed State." 
Notwithstanding the unsettled and exposed condition of the 
country, involved in Indian depredations, and deprived of a free 
market for the produce of its labor; the fertility and cheapness 
of the lands, and no doubt the adventurous theatre, which was 
presented to the young and the aspiring; all combined to impel 
the stream of emigration to Kentucky. So great was the 
accession of population, that it had doubled within the last 
three years.'* About this time the Indians resorted to a species 
of miniature naval warfare against the emigrants to Kentucky. 
They manned a flat bottomed boat, such as is still used by fami- 
lies for descending the western waters,! and " intercepted 
several of these family conveyances on the river; consigning 

4 Marslmll 1, 285. 

t Broad Horns in the dialect of the western rivere, and of" Westward-Ho!" 



nisTORY OF ke:ttuckv. 165 

those on board to slangii'er, an;l cirried oil thoir g^ods." This 
new mediod of infesting one of the great avenues to the coun- 
try, after having effected much mischief, and spread wide alarm, 
was, in one instance, broken up by a party from this city, 
which, however, found the Indian boat descried, and could only 
destroy her. 

In this year, Kentucky as a part of the parent commonwealth, 
was called upon to express her sentiments on the grand ques- 
tion of adopting the present constitution of the general govern- 
ment; which has elevated our country to so lofty and proud an 
eminence, among the nations of the earth. This is not the 
place to discuss or even narrate minutely, this mighty episode 
in our history; the crisis is well understood to have been preg- 
nant with every thing interesting to the dearest and most pre- 
cious interests of America; already violation of contracts, spu- 
rious paper money, arbitrary tender laws, State conflicting 
with State, in levying imposts on foreign goods, and violated 
treaties with foreign powers, were fast precipitati^.g our coun- 
trymen into disunion, civil war, and foreign subjugation. Tha 
constitution of 1787, snatched our country from this tremen- 
dous gulf of rain and dishonor. Justice, however, to the views 
of those opposed to the adoption, requires it to be stated; that 
with many, the question was not so mach, whether the constitu- 
tion proposed, should be absolutely rejected ; or whether it should 
be rejected, until amendments should be adopted. The spirit 
of liberty naturally flowed high, and suspicion of political 
pov/er was proporionably sharp, so recently after the demoli- 
tion of the British government; or more properly the change of 
executive relations from a foreign monarch to a domestic head, 
which was in fact, the principal departure from the ancient 
institutions of the colonies. To this jealousy, invaluable as a 
preservative of public liberty, within any reasonable bounds, 
must no doubt be added, an influential source of opposition — 
the diminution of local and personal importance in the States. 
*" Many of the leaders ot the oppjsition to the federal consti- 

♦ Jay's Life I, 258. 



166 HISTORY OF KEi'TUCKY. 

tution, were such as wished to be little Kings at home.'''' Is 
not th« remark still most powerfally applicable to our State 
controversies with the general govGrnmeni? Will it, indeed, 
erer lose its force, in so complicated a system of government, 
as our own? It may be, indeed, the centrifugal force of the 
machine, as necessary in its sphere, as the centripetal ten- 
dency of an efficient national authority, is indispensable to 
combine the energies of the whole confederacy, for the safety 
and the welfare of all. The vote of Kentucky as represented 
in the convention of Virginia was, in conformity to the strong 
democratic spirit of the people, more alive to the dangers 
and abuses of political authority, than to the necessity of an 
efficient government, opposed to the adoption of the new go- 
vernment. The division was in the ratio of ^eleven against 
the adoption, to three in its favor.f The two members from the 
county of Jefferson, the venerable Robert Breckenridge, lately 
deceased, and Rice Ballock; and Humphrey Mar.^hall from 
Fayette, now silvered with years and public services, had the 
honor to enrol their names in favor of the constitution, and 
thereby the ever enduring renown of having contributed to 
preserve the fruit of the Revolution; and to allow it the oppor- 
tunity of ripening into the present glorious harvest of liberty, 
happiness, plenty, and peace. Virginia was the tenth adopting 
State; on the 20th of June, 1788, by a majority of eighty-eight 
to a minority of seventy-eight, she joined the new, and the 
author trusts, indissoluble confederacy of the North American 

* Through the courtesy of Messrs. Brown and Marshall, th^ author is enahled to pr»- 
Bent the reader witli the names of the Kentucky nieni'ters of the Virginia Convention, 
which ratified tlie present Constitution of the United States. From Fayette, Humphrey 
Marshall and John Fowler; Jefferson r.owity, Ro'iert Breckenridge and Rice Bullock; 
Lincoln county, John Lo?an and Henry Pawiini; JSTelso'i county, John Steele and MatthevT 
Walton; Mercer county, Thomas AUenand Alexander Robertson; Madison county, Gr^ena 
Clay and William Irvine; Bourbon county, Henry r,ce and John Edwards. The Con- 
•titulion of the United States was published in the Kentucky Gazette, October 27th, 1787. 
The otdy members of the Viririnia Le_'islatnre from Kentucky, whose names the author 

has been able to obtain, aie John Brown, Benjamin Logan, Daniel Boone, and ~ 

Swearingen. 

f On this occas'on the author has been informed by the first historian of Kentucky, that 
a publication of Richard Henry Lee, addressed to the Governor of Virtiinin, and published 
in the Kentucky Gazette, had a most tlecisivrinfiuence against the proposed new govern- 
ment. It strou'.dy advised the people of the district to retain tlieir ratification from a 
•onstitution acknowledged to be defective, until, it was amended So plausible aground 
was with dilficulty resisted amirlst the jealousies of tiiis sction of the country; n^nioved 
too, as it was, from the immediate acene of the discords which threatened the union of tke 
elder atiiteH. 



HISTORY OP KENTUCKY. 167 

States. It must not l)e concealed, that the new constitution wai 
quite unpopular in Kentucky; though from the situation of the 
district, and the imperfect diffusion of intelligence, its profound 
and massy merits could scarcely have been urderstood. It 
would be a curious inquiry, how many copies of the constitu- 
tion, much less of the Federalist,* i s chaste, and learned, and 
wise commentary — the joint production of some of our most 
consummate and virtuous statesmen — were at that day to be 
found in Kentucky. 

On the 29th of July, in this year, the convention met at 
Danville, to form a constitution of government for the district, 
preparatory to its separation from Virginia. While this body 
was assembled, the sixth which had met on the subject of 
separation, although the first which was authorized to form 
a constitution; information was received, that Congress had 
determined to refer the question of admitting Kentucky into 
the Union, to the new government. This was, indeed, a 
cruel blow to the excited hopes of independent government, so 
repeatedly voted by Kentucky, and as often assented to by Vir- 
ginia. It is not a matter of wcnder, that t" there was now 
observable the most deep-felt vexation, a share of ill-temper 
bordering on disaffection; and strong symptoms of assuming 
independent government. The navigation of the Mississippi, 
and the trade to New Orleans, now just tasted for the first time, 
were strenuously pressed into the argument, in favor of com- 
pleting the constitution, and organizing government wilhout 
delay." It was even proposed to submit the state of the dis- 
trict, and the course to be pursued to each militia company. 
This proposition, which would, indeed, have been to revive th« 
democracy of the Grecian Ecclesiai, and the Roman Campui 
Martius, amidst the representat ve republics of North America, 
was, by a large majority, most judiciously rejected. This bodj 
came, after protracted debate, to the following recommendation: 

•Mr. TTumphrey Marslia'l says, the first copy of tlie Federalist ho saw, wa« in fli« 
knndsof Georj^e Nicholas, when the Ibmier vvufc on his Jouiney to lucetthe abov0 isflM*^ 
rabl« convention. 

t MArtb Jl I, iC9. 



16S HISTORY OF Ki:3TTrCKY. 

that the people of the district should elect another assembly, to 
meet in the following November, and to continue in office until 
the 1st of January, 17S0: "that they delegate to their said 
representatives full powers to take such measures for obtain- 
ing admission of the district, as a separate and independent 
member of the United States of America; and the navigation 
of the Mississippi, as may appear most conducive to those pur- 
poses; and also to form a constitution of government for the 
district, and organize the same, when ihey shall judge it neces- 
sary; or to do and accomplish whatsoever, on a consideration 
of the state of the district, may, in their opinion, promote its 
interests." 

From the breadth and plenipotentiary character of this com- 
mission, like that of a Roman dictator, the temper of the dis- 
trict may be inferred; nor can there in the whole history of 
American government be found, a career of such multiplied 
disappointments and abortive assemblies, as in the labors of 
Kentucky, to be admitted into the Union. All parties appear 
to have been w^ell disposed, still, as if under i.e influence of 
some enchantment, consent was given, but to be repealed ; act 
was passed after act, and assembly met after assembly, only to 
give birth to a successor, as remote as ever from obtaining, 
what had been the ^favorite object of the people for years. Nor 
ought the conduct of the party desiring an immediate organiza- 
tion of the government, to be branded with obloquy; any 
farther than it might have been mixed with views of Spanish 
dependence. For had a domestic government been organized 
after the repeated and harmonious co-operation of the great 
contracting parties, it is not to be supposv-d, that it would have 
been so technically misconstrued, as to have been viewed as 
treasonable to Virginia, or hostile to the Union, owing to re- 
peated and unavoidable accidents. The magnanimous temper 
c-f Virginia would have cured every thing Should any such 
unjust imputation have been placed upon the proceedings of 
Kentucky, it must soon have been removed by their fidelity, 
h?.d it have been, as it is believed it was, immovcabiy fast to 

*Mrr«l;aIII,200. 



HISTORY OF KENTUCKY. 169 

the confederacy of their countrymen. Vermon', continued with- 
out the pale of the Union during the whole Revolutionary war, 
and until March, 1791 j yet no indictment was brought against 
her for treason. At this distance of time, the protracted delays 
and repeated public disappointments on this question, seem 
truly inexplicable. It is not known to what else to compare 
our long succession of fruitless conventions, than to the card 
edifices of children, which are no sooner erected, than at a 
breath they are demolished. The assertion may be safely 
ventured, that no sober political critic of the present day can 
believe, that any community in these States, would now be so 
trifled with and tantalized, as the people of this district were, 
for eight years, in obtaining a separate municipal existence. 
Some auxiliary resolutions for directing the election of the 
seventh convention, closed the labors of this addition to the nu- 
merous and ineffectual assemblies of Kentucky. So excited 
had public feeling in Kentucky become, in consequence of this 
provoking course of things, that disunion seems to have been 
at least proposed, as its *" idea was formally combatted in the 
public prints of the time, while nothing more open or formal 
than the acts of the convention is recollected in its favor." A 
letter from Chief Justice Muter on the 15th of October, 1788, 
may represent the feelings of the more considerate and sober, 
respecting the state of public affairs. In this letter the Chief 
Justice combats the idea of forming a constitution without the 
previous consent of Virginia, as contrary to her statute, and in- 
volving the perpetrators in the guilt of high treason ; and that the 
new State could only be admitted by consent of Virginia, under 
the federal constitution. But the most pregnant part of this letter 
is, where he represents, that the resolution of the late conven- 
tion, if adopted by the people, might fairly be construed to give 
authority to the next, to treat with Spain, to obtain the navigation 
of the Mississippi; if they should think such a measure condu- 
cive to their interest. Every thing proceeding from George 
Muter would be treated by the author, with the respect inspired 
by a lively recollection of his venerable, mild, and worthy 

* Marshall 1, 294. 
P 



170 HISTORY OF KENTUCKY. 

character; and the coiiciirrencc of Colonel Thomas Marshall^ 
the compatriot, fellow soldier, and friend of Washington, must 
add still greater weight to this letter, which was, indeed, ^his 
measure. Notwithstanding this most respectable authority, 
some political feeling not at all dishonorable, or some exag- 
gerated apprehension of consequences, seems to have prompted 
this public address ; if there were no foreign intrigues. As it 
has before been remarked, the separation of Kentucky from 
Virginia, was an agreed case between the high parties; the 
difficulty was one of form and accident only. In such a state 
of things, it would have been cruel mockery and iniquity in 
Virginia, to have so far misinterpreted a separation of Ken- 
tucky, which had been the subject of repeated and mutual 
agreements, as to have considered it treasonable. The jealousy 
of the country could not, however, have been too keenly ex- 
cited against any attempt at foreign dependence; it is never 
admitted into the creed of an enlightened patriot, until the last 
extremity of domestic misfortune ; and even then, to be most 
sleeplessly watched. 



CHAPTER XI. 



Don Gardoqui's propositions to Mr. John Brown— Apology for Kentucky Statesmen- 
Court and Country parties in Convention— Wilkinson's memorial to the Governor ol 
Louisiana— New Government of the United States— General Washington's letter to 
Colonel Thomas Marshall— Transylvania— Indian depredations. 

Why the patriotic Marshall and Muter had so much reason 
to apprehend a foreign connexion at this time, now becomes a 
painful duty to develope. That private feelings may still be 
lacerated in this recital, the author laments, and which he will 
studiously avoid, consistently with the faithfulness of history. 
Motives, whether of the dead, or the living, shall not be im- 
peached ; but upon strong and conclusive testimony ; guilt shall 
never be tortured into existence, by misrepresentation or forced 
construction. Under the influence of these views, let the con- 
* Marshall 1,291. 



HISTORY OF KENTUCKY. 171 

ijuct of the Honorable John Brown, then a member of the old 
Congress, be entitled to their full bearing, while it is faithfully- 
related. On the 29th of February, 178S, Mr. John Brown pre- 
sented to the old Congress the address of the Kentucky conven- 
tion praying for admission into the Union; but it was not until 
the 3d of July, that it was finally acted on, and then referred to 
the new government for ultimate decision. 

This distinguished public officer then wrote to the President 
of the Danville convention, giving an account of this additional 
failure of Kentucky expectations, notwithstanding his best 
exertions. In this letter was enclosed a detached scrip of 
paper headed confidential* in these words: " In a conversation 
which I had with Mr. Gardoqui, the Spanish minister, relative 
to the navigation of the Mississippi, he stated that, if the people 
of Kentucky would erect themselves into an independent State, 
and appoint a proper person to negotiate with him, he had 
authority for that purpose, and would enter into an arrange- 
ment with them for the exportation of their produce to New 
Orleans, on terms of mutual advantage." In additijn to this 
ominous enclosure to Judge McDowell, a jletter was written 
by the same gentleman to Judge Muter, dated New York, July 
10th, 1788; from which the following extracts are taken, re- 
ferring the re ider to the appendix for the entire document. 
After mentioning the delay of Congress in acting on the appli- 
cation of Kentucky, owing to the absence of the members 
during a " great part of the winter and spring," and when 
finally committed to a " grand committee, they could not be 
prevailed upon to report — i majority of them being opposed to 
the measure. The eastern States would not, nor do I think 
they ever will, assent to the admission of the district into the 
Union, as an independent State ; unless Vermont, or the province 
of Maine, is brought forward at the same time." Again: "The 
jealousy of the growing importance of the western country, and 
an unwillingness to add a vote to the southern interest, are the 
real causes of opposition; and I am inclined to believe, they will 
exist to a certain degree, even under the new government, to 

* Judge McDowell's deposition, Innes vs. Marshall. f Marshall I, 301. 



172 HISTORY OF KENTUCKY. 

which the application is referred by Congress." Again: " 'Tis 
generally expected, that the district ^ will declare' its indepen- 
dence, and proceed to frame a constitution of government." 
" This step will, in my opinion, tend to preserve unanimity, 
and will enable you to adopt with effect such measures as 
may be necessary to promote the interest of the district. ]n 
private conversation with Mr. Gardoqui, the Spanish minister 
at this place, I have been assured by him in the most explicit 
terms, that if Kentucky will declare her independence, and em- 
power some proper person to negotiate with him, that he has 
authority, and will engage to open the navigation of the Missis- 
sippi for the exportation of their produce, on terms of mutual 
advantage. But that this privilege can never be extended to 
them, while part of the United States by reason of commercial 
treaties existing between that court and other powers of Eu- 
rope. As there is no doubt of the sincerity of this declaration, 
I have thought proper to communicate it to a few confidential 
friends in the district, with his permission, not doubting but that 
they will make a prudent use of the information.'''' Upon this 
confidential letter, (written in the discharge of a critical and 
important trust) comment is unavoidable ; it is an essential and 
important part of Kentucky history ; and it has been the sub- 
ject of most angry and exasperating controversy. This com- 
mentary is now undertaken when these passions have died 
away; ahhough the author has been a witness to their fiercest 
storms : yet he claims to be governed by a sense of duty only, 
when he declares, that he continues to feel, as he always did, 
perfectly uninfluenced by their rage. On any other occasion 
than one, which has arrayed this community in such acrimoni- 
ous parties, such a declaration might be unnecessary. 

The first idea that strikes the mind in considering this letter 
in connexion with the enclosure to Judge McDowell, is, that 
Mr. Brown, and in all probability, many other of the ancient 
statesmen of Kentucky did incline to discuss, if not adopt a 
connexion with Spain independent of the feeble and disgraced 
Union, which then existed; one more in name than in fact, 
disobeyed at home, and despised abroad. Under these circum- 



HISTORY OF KENTUCKY. 173 

stances, the author believes such a measure so far from furnish- 
ing matter of reprobation, may have been deemed consistent 
with Kentucky patriotism ; and even demanded by its most sacred 
duties. Tiie denial of any meaning in the letters to Judges Muter 
and IMcDowell, beyond that of having been " forwarded for in- 
formation" as supposed by the latter gentleman in his certificate 
of the 7th of August, 1806,* strikes the author as unworthy 
of the grave subject of communication, and the dignity of the 
correspondents. But what is more important, it is inconsistent 
with the only manly and triumphant justification of which, he 
thinks, the measure may have been susceptible. To try the 
conduct of Kentucky statesmen in 1788, under a confederation 
in ruins and in factions, by the same principles, which should 
now direct the mind, under an efficient and beneficent govern- 
ment; would be absurd and unjust. The peculiar circumstances 
of the times must be adverted to, in order to arrive at any just 
estimate of the measure, or of its authors. What, then, were 
these circumstances ? They are eloquently and no less truly 
narrated by General Wilkinson, j" Open to savage depreda- 
tions; exposed to the jealousies of the Spanish government; 
unprotected by that of the old confederation ; and denied the 
navigation of the Mississippi, the only practicable channel 
by which the productions of their labor could find a market." 
In addition to this, Mr. Daniel Clarke in his memoir of 1798, 
to Secretary Pickering, mentions that, |"all who ventured 
on the Mississippi, had their property seized, by the first 
commanding officer whom they met, and little or no com- 
munication was kept up between the two countries." Was 
this a condition for any community, much less fi^r one ol' 
high spirited freemen with their arms in their hands, just 
fresh from hunting down the British lion, to tolerate any longer, 
than it was unavoidable? Couple these grievances, which 
must have blasted the industry and ihd dearest hopes of the 
country, which must have driven the emigrants back over the 
mountains, and condemned the rich lands of Kentucky to waste 

* Political Transactions, page 39. f Wilkinson's Memoirs, vol. II, 119, 

X Wilkinson's Memoirs, vol. II, Appendix XI. 

P* 



174 HISTORY OF KENTUCKY. 

their fertility in uncultivated forests, to become again an Indian 
country, rather than to continue a civilized society ; with the 
heart burnings on the subject of yielding the navigation to 
Spain for an indefinite time. Then, from these materials some 
faint idea may be conceived of the necessity for the statesmen 
and the people of Kentucky to look to some other protection, 
for the vital interests of the country, than the tottering and im- 
becile confederacy, which then deluded the country under the 
pretence of a government. Can circumstances be imagined more 
imperative on Kentucky patriots and statesmen, to turn their 
attention to a foreign connexion for that protection, which their 
own government could not give ; and without which, all govern- 
ment is a mockery, and a perversion of its very purposes? To 
the mind of the writer, the circumstances of the case may have 
had this justification in the view of the parties. Still, notwith- 
standing this apology, which is only offered as an hypothetical 
defence, founded on the probabilities of the transactions; the 
fact is, that the love of country was too strong, and the attach- 
ment of Kentucky to her elder homes, was too powerful, the 
share her numerous Revolutionary citizens had in the glory of 
the republic was too great, to allow of a separation of the coun- 
try from the rest of the confederacy. Notwithstanding the long 
series of hardships and sufferings, which Kentucky had endured, 
many of which were to be attributed to an inefficient and ill 
administered government; her statesmen, and still more, the 
great mass of her people, were true to the Union, and clung 
with pertinacious attachment to the sacred league of the States. 
The ties of ancient kindred, of homes and customs, were too 
stron"- for the promptings of domestic interest and ambition to 
dissolve ; and it is an honorable proof of the love of the Union in 
this remote member; that no public motion in any assembly of 
the people, no resolution countenancing separation from the 
confederacy, or leading to it, can be instanced in the history o\ 
the people of Kentucky. On the contrary, her public acts, 
amidst the undefended devastations of the Indians, the injuries 
of the Spaniards, and the neglects of the federal government, 
constantly breathe a spirit of " filial affection" for the Union, 



HISTORY OF KENTUCKY. 175 

and connect their ardent wishes for a separate government, with 
the rest of the confederacy. From '85 to '90, they petitioned 
to Virginia and to Congress " to be taken into union with the 
United States of America," " for a speedy admission of the dis- 
trict into the federal Union," " and to be erected into an inde- 
pendent member of the federal Union." The prospect of the 
new government then in agitation, ought to have had powerful 
influence with every patriot in suspending an appeal to the 
dreadful alternative of civil disruption and war. Nothing wor- 
thy of record beyond the very discussions which occupy this 
portion of our history, seems to have transpired; until the con- 
vention of November, 1788, assembled agreeably to the author- 
ity of its July predecessor. In this assembly the parties, which 
had been divided on the mode of separating from Virginia, ac- 
quired more development, and appeared more distinct; no 
doubt in consequence of the discussions which had intervened. 
Messrs. Wilkinson, Thomas Marshall, Sen. Muter, Brown, and 
Innes, were all members: yet in the acknowledgment of his 
enemies. General Wilkinson was the most distinguished orator, 
as well as writer. Was an address to be written, which should 
pour forth the feelings of Kentucky, a debate to be opened upon 
her vital interests, Wilkinson was equally the author of the 
one and the speaker in the other. So varied, rich, and polished, 
were the powers and the acquirements of this singularly versatile 
person, that whether in the field of Saratoga, the cabinet of Go- 
vernor Miro, or in the conventions of the backwoodsmen of 
Kentucky, this gifted man drew all eyes upon him, and was 
looked up to as a leader and a chief The friends of Wilkinson, 
who appear to have contemplated a separation and the forma- 
tion of an independent government without the same unneces- 
sary anxiety for the repetition of the consent of Virginia, which 
might have been necessary and proper in a mere municipal 
body, not a large community; were denominated the court 
party; as its leading members were principally judges and 
lawyers: the opposition under Colonel Thomas Marshall, Sen. 
Judge Muter, and John Edwards, afterwards a Senator of the 
United States, was denominated the country party. The first 



176 HISTORY OF KENTUCKY. 

point of difference was, the submission of the resolutions passed 
by the previous convention to a committee of the whole. The 
court party favored this reference in order, it seems, to con- 
nect the navigation of the Mississippi with the formation of a 
State constitution, and to hurry the latter without waiting for 
the previous consent of the parent State. This had been re- 
peatedly expressed, though not under these peculiar circum- 
stances. It was, perhaps, unparliamentary; since the very 
purpose of commitment is, to divide a subject into its appropriate 
parts, and to acquire distinct views of its facts and character by 
special, not general inquiries. But what is of more consequence 
to the present times, than this skirmish of order, is the full and 
prominent attitude, which the navigation of the Mississippi 
assumed in this convention ; and mainly owing to the comprehen- 
sive spirit and sagacious mind of Wilkinson, denounced as he 
and his associates have been, for their exertions to promote this 
vital policy, not only of Kentucky, but of the teeming millions 
of the west. Wilkinson seems to have been more keenly alive 
to the importance of this trade, and of the formation of a go- 
vernment, which might command its enjoyment; than of again 
obtaining the consent of Virginia previous to the erection of 
the government. Indeed, he was disposed to obtain this chan- 
nel for commercial intercourse, so indispensable to the future 
prosperity of the country by a Spanish connexion, if our go- 
vernment could not, or would not procure it. He is said* to 
have observed in debate, that " Spain had objections to grant- 
ing the navigation in question to the United States; it was not 
to be presumed, that Congress would obtain it for Kentucky, or 
even the western country, only — her treaties must be general. 
There was but one way, and but one, that he knew of for ob- 
viating these difficulties; and that was so fortified by constitu- 
tions and guarded by laws, that it was dangerous of access, and 
hopeless of attainment under present circumstances. It was 
the certain but proscribed course, which had been indicated in 
the former convention, which he would not now repeat; but 
which every gentleman present would connect with a declara- 

* Marshall 1, 316. 



HISTORY OF KENTUCKY. 177 

tion of independence, the formation of a constitution, and the 
organization of a new State; which, he added, might safely be 
left to find its way into the Union, on terms advantageous to its 
interests and prosperity. He expatiated on the prosperous cir- 
cumstances of the country — its increasing population — its rich 
productions, and its imperious claims to the benefits of com- 
merce — through the Mississippi — its only outlet. That the 
same difficulties did not exist on the part of Spain, to concede to 
the people on the western waters, the right of navigating the 
river, which she had to a treaty with the United States, there 
were many reasons for supposing. That there was information 
of the first importance on that subject, within the power of the 
convention; which he doubted not would be equally agreeable 
for the members to have, and the gentleman who possessed it to 
communicate." Such is represented as the material substance 
of Wilkinson's speech by Mr. Marshall, taken, as supposed 
from the notes of Colonel Thomas Marshall, whose accuracy 
on another part of this debate, was vouched for by Judge 
Thomas Todd, when summoned before a legislative committee 
in 1806. A member of the convention then desired Mr. John 
Brown, who was meant, to communicate what he knew. In 
reply to this invitation, Mr. Brown said, "that he did not think 
himself at liber ty to disclose what had passed in private con- 
ferences between the Spanish minister, Don Gardoqui, and 
himself; but this much in general he would venture to inform 
the convention — that provided we are unanimous, every thing 
we could wish for is within our reach?'' This backwardness 
does not fully agree with the letters of Mr. Brown to the two 
judges previously mentioned. In one of these, he communicates 
the Spanish minister's declaration "with his permission.'''' The 
truth seems to be, that the party in favor of the immediate 
separation and independence of Kentucky, was not fully con- 
fident of its strength, and of the popular support. None of them 
seem to have spoken out with the boldness of Wilkinson, or 
with the unreserved and manly spirit worthy of the interests of 
Kentucky, painful as the course would have been, which these 
interests pointed out. Nothing further was done at this time in 
regard to the Spanish overtures. 



178 HISTORY OF KE^-TUCKY. 

It would, indeed, be most unbecoming Kentucky to upbraid 
those who were most forward in promoting what they deemed 
to be her prosperity, and who were actuated by a patriotism, 
which, whatever else may be said of it, was zealously devoted 
to her interests in the peculiar posture of affair?. The author 
will not join in any reproaches of the kind. After this brief and 
general response of Mr. Brown, Wilkinson again rose and 
offered to read an essay on the navigation and trade of the 
Mississippi, which had been addressed by him to the Governor 
and Intendant General of Louisiana. The reading was called 
for, and so satisfactorily had it treated upon the interests of 
Kentucky, that the author received the unanimous thanks ol 
the convention " for the regard he therein manifested for the 
interests of the western country." The reader is referred to 
the appendix as the most appropriate place for the abstract ol 
the essay. Could the views of the court party in this convention 
have been very obnoxious to the country gentlemen, when this 
vote of thanks was accorded to the prominent member of the oppo- 
site party, and when he was constantly employed on the prin- 
cipal committees? This presumption seems irresistible in favor 
of Wilkinson and his friends. On the 8th of the month, after 
the postponement of a report from a committee, (of which 
Messrs. Edwards, Marshall, Muter, Wilkinson, and some 
others, were members) appointed to report an address to Vir- 
ginia, " for obtaining the independence of the district of Ken- 
tucky, agreeably to the late resolution and recommendation of 
Congress." Wilkinson offered the following preamble and reso- 
lution: *" Whereas it is the solemn duty, so it is the ardent 
desire of this convention, to pursue such measures as may pro- 
mote the interest and meet the approbation of their constituents; 
but the discordant opinions, which at present divide the good 
people they represent, render it doubtful whether they can 
adopt any plan, which will embrace the opinions of all, or even 
secure the support of a majority — in this state of embarrass- 
ment, perplexed with doubt, and surrounded by difficulties; in 
order to avoid error, and to obtain truth; to remove the jeal- 

* Marshall I, "29. 



HISTORY OF KENTUCKY. 179 

ousies which have infected society; and to restore that spirit of 
harmony and concord, on which the prosperity of all depends; 
they deem it most eligible to address their constituents on the 
momentous occasion : Resolved, that a committee be appointed 
to draft an address to the good people of the district, setting 
forth the principles from which this convention act; represent- 
ing to them their true situation, urging the necessity of union, 
concord, and mutual concession, and solemnly calling upon 
them to furnish this convention at its next session, with in- 
structions in what manner to proceed, on the important subject 
to them submitted.'" 

In pursuance of this resolution, Messrs. Wilkinson, Innes, 
Jouett, Muter, Sebastian, Allen, and Caldwell, were appointed 
the committee, but no further notice appears of the address 
ordered. This measure seems to have looked to instructions 
about separating from Virginia without her consent, and possi- 
bly to arrangements for the Mississippi trade; although they 
do not in so many words, appear upon its face. But upon what 
else, were instructions wanting, or unanimity required? It 
was not upon the separation in the ordinary legal way; for no 
dispute existed upon that measure; thus the popular appeal 
must have been intended to be brought to bear upon some sub- 
jects, on which opinions were divided. These were the topics 
mentioned before, and what then, were so likely as these, to be 
intended to experience the influence of popular sentiment in 
uniting parties, and giving ascendency to a course of measures 
different from the legal separation? Whatever force this con- 
jecture may have, and it is only presented as a probable infer- 
ence, addresses to Congress and Virginia were adopted; which 
appear in the appendix to this history, and the convention ad- 
journed till the first Monday in August, 1789. Thus passed oflf 
a most important and critical convention of Kentucky, which 
might well, had they been more harmonious, have organized a 
government for the district; as they had been authorized to do, 
and which, in the words of Wilkinson, " might have safely been 
left to find its way into the Union, on terms advantageous to its 
interests and prosperity." It is, perhaps, too much a matter of 



180 HISTORY OF KENTUCKY. 

mere curiosity, to speculate upon what would have been the 
consequences of having organized the government on this occa- 
sion, instead of waiting four years more. But it may securely 
be said, that the treasonable nature of such a measure, is a 
perversion of the whole doctrine of popular government, be- 
tween such masses of people, as the communities of Virginia 
and Kentucky; and above all, under the difficulties of form, 
which had alone obstructed the wishes of both parties to be 
separate States. In another point of view, Kentucky would by 
having organized her government immediately, have gained* 
" immense sums of money which were paid into the treasury 
of Virginia in completing titles to the Kentucky lands;" 
" above one million and a half acres of the best land in the 
district, which, in the four following years, were swept away 
by Virginia military land warrants, would have been the patri- 
mony of Kentucky .■" This latter advantage was secured by a 
clause in the first act of separation surrendering to Kentucky, 
all lands unlocated in the district, after the 1st of September, 
1788. The path of colonizing and sub-independence, since so 
frequently, so fearlessly, and so prosperously trod by various 
sections of the American people, was then first to be travelled 
and explored by the statesmen of Kentucky, like the other wil- 
derness, which the hunters had so nobly penetrated without a 
trace or a guide. No wonder, then, that our countrymen, who 
have ever been distinguished for their reverence for order, were 
reluctant to step beyond the strict confines of the statute of sepa- 
ration, on the part of the parent commonwealth. Yet it would not 
necessarily have followed, that the new State should, on the 
eve of a new experiment for managing the aflTairs of the con- 
federacy, so far have overcome all the obstacles of manners, 
language, religion, government, and national prejudice, as 
to have fallen into the train of Spanish provinces. When 
Kentucky had maintained her loyalty, in spite of sufferings 
under the nominal i^overnment of the old Congress, and had 
withstood the strong temptations, that had urged her to abandon 
the confederation, and set up for herself; it would be as unjust, 
* Political Transactions, page 53, by William Littell. 



illSTORY OF KENTUCKY. JQl 

as improbable, to impute a disposition at this time for a forein-a 
connexion, which she had disdained in her weakness and dis- 
tress, as well as in the imbecility of the general o-overnment. 
Yet without such a disposition on the part of the «^rreat mass of 
the people of Kentucky, the project, and its imputation, would 
be alike groundless, and destitute of all reasonable probability. 
It may serve to illustrate the state of the country to record 
that on the very day this most interesting convention full of 
" high debate" adjourned, *'' a party of Indians way-laying the 
main road from Lexington to Limestone, fired on some wao-on- 
ers near the Blue Licks, killed one of them, scared away the 
rest, and took the horses." At the ensuing session of the Legis- 
lature of Virginia, the county of Mason was erected out of the 
county of Bourbon, to take effect on the 1st of May, 1789. 
During this same session also, a third act of separation was 
passed on the 29th of December, 1788: which contained some 
new conditions "highly exceptionable to Kentucky, and justly 
so." One' of these went to subject this infant commonwealth 
which had been'rocked amid the warwhoop and the rifle, plun- 
dered by Indians, and shut up by Spaniards, to the payment of 
a portion of the domestic debt then existing against Viro-inia. 
This was required for the expenses incurred on ace junt of the 
district by military operations, since the first act of separation. 
The other condition, which displeased the district was, an en- 
actment, which would have kept Kentucky dependent on the 
consent of the Legislature of Virginia as to the time for com- 
pleting the titles of the officers and soldiers on the State and 
continental establishments of Virginia, to the bounty lands as- 
signed them in the district, for their military services. Little 
stress need be placed on those obnoxious clauses; engendered 
let it be recollected, by the unorganized state of the district 
since they were readily rescinded on the remonstrance of the 
subsequent Kentucky convention. 

In January of this year, the first elections were held for 
choosing the new President and Vice President of the United 
States. No votes, however, were given in Kentucky for these 

* Marshall I, 341. 

Q 



182 HISTOEY OF KENTUCKY. 

hio-h executive officers; from what causes, it has not been possi- 
ble to ascertain. The new government of the United States 
commenced its operations on the 4th of March, 1789; an era 
which should be ever dear to all good Americans, and most sig- 
nally so, to the patriots of this, then exposed, and frontier State. 
New scenes of military vigor and political efficiency, soon began 
to dawn on this remote province of the republic; until it has 
beamed "the perfect day." Can it be necessary to record, 
about this election, for the first President of the United States, 
what must be embalmed in the heart o;^very patriotic Ameri- 
can; that George Washington, "the first in war, the first in 
peace, and the first in the hearts of his countrymen," re- 
ceived their unanimous votes for this last, but splendid testimo- 
nial of their continued regard for his great services, and emi- 
nent abilities? The elder Adams, of such solid abilities, and 
devoted zeal to the interests and the liberties of his country, 
was placed in the Vice Presidency; second but to Washing- 
ton alone, in the dignities and tlie gratitude of his country. 
To the new President elect Colonel Thomas Marshall, Sen. ^* 
'• wrote an account of the district, and of such symptoms of 
forei<?'n intrigue, and internal disaucction, as had manifest- 
ed themselves to him," '• the names of Wilkinson and Brown" 
Vv'ere " alone mentioned among the implicated." In this com- 
munication Colonel Marshall was, it ought not to be doubted, 
actuated by an honorable zeal for the interests of his country; 
though the author is compelled to say, from the evidence now 
accessible, a mistaken one ; of which, both he, and his illustrious 
correspondent, were afterwards convinced. This inference 
flows from a letter of General Washington to Colonel Marshall, 
ss follows: t" I" acknowledging the receipt of your letter of 
the llih of September, (1790) I must beg you to accept my 
thanks for the pleasing commimication which it contains of the 
good disposition of the people of Kentucky towards the govern- 
ment of the United States. I never doubted but that the opera- 
tions of this government, if not perverted by prejudice or evij 

* JIarshall I, 344. 
t Political Transactions by William Littell- 



HISTORY OF KENTUCKY. 183 

designs, would inspire the citizens of America with such confi- 
dence in it, as eflectually to do away these apprehensions 
which, under our former confederation, our best men entertained 
of divisions among ourselves, or allurements from other nations. 
I am therefore happy to find, that such a disposition prevails 
in your part of the country, as to remove any idea of that evil, 
which a few years ago you so much dreaded.'''' This letter, 
taken in connexion with the subsequent appointment of Wilkin- 
son to be a Lieutenant Colonel in the army, at the recommen- 
eation of Colonel Marshall, as well as others, and the repeated 
military commissions of high trust and expressions of thanks, 
as will hereafter appear, to Messr?;. Brown, Innes, Scott, Shel- 
by, and Logan, amply confirm the idea; that the imputed dis- 
affection of any of these distinguished citizens to the Union of 
the States, had been abandoned by Colonel Marshall himself; 
and most certainly by Washington, if ever admitted to disturb 
his serene and benevolent mind. Connected with this commu- 
nication to Washington, is an account of a visit from Dr. 
Conolly; the same gentleman on whose confiscated land at the 
falls of Ohio, the city of Louisville had been laid out. This 
emissary of Lord Dorchester, the Governor General of Canada, 
had, in the preceding November, under pretence of looking 
after his confiscated land in Kentucky, in the course of his visit, 
called at the house of Colonel Marshall, accompanied by Colo- 
nel J. Campbell, of Louisville. His business was to sound the 
leading men of Kentucky, on the subject of a connexion with 
Great Britain in any attempt upon the provinces of Spain. The 
great recommendation of the proposition held out by him was, 
obtaining the navigation of the Mississippi, so dear to Ken- 
tucky.* " Four thousand troops v/ere said to be ready to march 
at a moment's warning, in furtherance of the project." In reply 
to these insinuations. Colonel Marshall observed, that the reten- 
tion of the western posts, and the supposed encouragement of 
the Indians by British authority, forbade any reliance upon the 
friendship of that government. The Doctor promised to repre- 
sent these matters to the Governor General, and " invited a 

t Marshall I, 3-16. 



184 HISTORY OF KENTUCKY. 

correspondence, which was promised in case he would set the 
example;" it was, however, never begun. From Colonel Mar- 
shall, the Doctor went to see General Wilkinson at Lexington; 
where the rumor getting out, that he was a British spy, a com- 
motion arose among the inhabitants of that high spirited town, 
which endangering the safety of Conolly, " he was privately 
conveyed or escorted to Limestone, and thus ended the only 
British intrigue in Kentucky."* 

The elections for the ensuing convention took place in April, 
when Messrs. Thomas Marshall, Muter, Shelby, Edwards, and 
McDowell, were again elected members: Wilkinson was too 
immersed in his private affairs to be a candidate. 

Instances of Indian depredation and killing took place in al- 
most every direction, near the Crab Orchard on the south, on 
Floyd's fork and Drennon's lick, on the north, and on North 
Elkhorn, in the interior; but otherwise too insignificant to nar- 
rate more minutely. They only serve to show the wide spread 
insecurity and individual danger, which still hung over the 
population of Kentucky. Yet at this very timC; about the mid- 
dle of July, the Governor of Virginia informed the county 
Lieutenants of the district, that the State was no longer required 
to defend the western frontiers ; as the President of the United 
States had stationed a federal force on the Ohio for that pur- 
pose, and ordering them to " immediately discharge all the 
scouts and rangers employed" in their respective counties. On 
the 20ih of the month, the Seventh convention assembled at the 
usual place, for the purpose of devising new measures about 
the old question of separation, on which all parties were agreed; 
but which, by some infatuation, none could effect. If the states- 
men of Kentucky did not become profoundly versed in the na- 
ture of fundamental regulations for the government of society, 
it could not be owing to the want of opportunity for considering 
the interesting subject. The first point which occupied the 
attention of the assembly was, the new provisions inserted in 
the last act of Virginia, which they resolved ''to be injurious to, 

* A similar disturbance tlneatened the Doctor in the neighborhood of Louisville.— 
Captain Hughes. 



HISTORY OF KENTUCKY. 185 

and inadmissible by the people of the district;" and they accord- 
ingiy, memorialized the Legislature of Virginia, " requiring 
such alterations in the terms at present proposed to this district 
for a separation, as will make them equal to those formerly 
offered by Virginia, and agreed to on the part ot the said dis- 
trict of Kentucky." The prayer of the memorial was imme- 
diately granted by Virginia, and a now act conforming its 
provisions to this determination, was passed on the 18th of 
Decembar, 1788; protracting the proceedings on the part 
of the district, to another year, in this extraordinary race of 
disappointment. 

At this convention was begun the practice of resolving 
against the importation and use of foreign goods; especially 
those of fine quality; which has been rather a favorite pro- 
ceeding at different times in Kentucky. Yet no principle of 
political economy is better attested by the whole experience of 
society; than that of the superior competency of private interest 
to protect its own affairs, to that of any guardianship of public 
bodies, however benevolently intended. If political assem')lies 
did, indeed, concentrate the wisdom of society, which their 
theory supposes; and which the thorough education of society 
ought to furnish; still the eagle-eye of self-interest, the cease- 
less calculation of personal profit, would outstrip their most 
sagacious expectations. But how far from this hypothesis, is 
the actual complexion of government? And, indeed, there is 
another more important objection to this interference cf public 
men with private business; independent of the voluminous 
lessons against its mischiefs, presented in the history of all such 
political superintendence of conscience, education, and com- 
merce. It is-, that private indulgence, whether in dress, equip- 
age, food, building, or any other mode of private enjoyment, 
which does not violate the rights of others; is the only effectual 
incentive to social industry, and security against idleness, and 
consequent viciousnessof life. Abuses of this liberty may well 
be left to the moral influence of society, and their own opera- 
tion upon the private interests of its members; certainly with 
tenfold effect to the wisest recommendations and resolutions of 



186 HISTORY OF KENTUCKY. 

legislative bodies. Mr. Marshall epitomizes these principles 
ia the following forcible interrogatory : " When will legislators 
learn, that the only sumptuary law necessary in any society, 
is one, to compel men of all descriptions, to pay for what they 
buy?'''* Besides, in an interior country like Kentucky, removed 
so far from the general markets of the world, new tastes, and 
enjoyments, are essentially wanting, to stimulate its industry, 
and to furnish products in return for those of foreign creation ; 
these new demands do not present themselves so immediately 
before them, as before people situated on a sea-board. 

The letter of Governor Randolph directing the discontinuance 
of the scouts and rangers on the western frontier already no- 
ticed, was taken into consideration; and a committee appointed 
to remonsirate with the Executive of Virginia against discharg- 
ing these spies, " and to state to His Excellency the President 
of Congress (query, of the U. States?) the defenceless state of the 
district, the most probable mode of defence, the depredations 
commited by the Indians, since the first of May last, 1789; the 
small number g-ud dispersed situation of the continental troops, 
which renders it impossible they can either assist us, or inter- 
cept the enemy." In conformity to their instructions, the com- 
mittee addressed the Secretary at War, on the 8th of Septem- 
ber; and on the 15th of the ensuing December, an answer was 
received " with assurances from the President, that measures 
would be taken for the defence of the frontier." Shortly after- 
wards, the President laid before Congress, a despatch from the 
Governor of the northwestern territory, representing the exis- 
tence of Indian hostilities, and that the Kentuckians traversed 
his territory to get at the enemy, whom he was not able to 
chastise; and recommending offensive measures. In conse- 
quence of this communication, the President suggested to Con- 
gress a provisional act for calling out the militia: yet in strange 
contrast with these proceedings, a treaty was proclaimed as 
made by Governor St. Clair with the Indians northwest of the 
Ohio. Indian depredations, however, continued in different 
parts of the State, encouraged no doubt, by the continuance of 
the British posts on the lakes, and the greater supineness of the 



HISTORY OF KENTUCKY. 187 

people of Kentucky; who were necessarily at this period, more 
engaged with their farms, than they had been, in earlier and 
more dangerous times. The settlements too, were more dis- 
persed, and the pursuit aftei* the Indians less energetic, than 
when the white occupation of the country was all at stake. 

The fourth act of separation which was passed by Virginia 
conformably to the wishes of Kentucky, as formerly intimated , 
required a new convention to assemble on the 26th of July, 
1790, to determine again on the question so repeatedly answer 
ed in the aflirmative, whether " it was expedient for, and the 
will of the good people of the district, that the same should be- 
come a separate State, and independent member of the Union, 
on the conditions stipulated: provided, that prior to the 1st of 
November, in the year aforesaid, the government of the United 
States release Virginia from her federal obligations, arising 
from the district — agree that the proposed State, shall imme- 
diately after the day to be fixed for separation by the conven- 
tion, be admitted into the federal Union :" which day was re- 
quired to be posterior to the 1st of November, 1791. Provision 
was likew ise made for electing a convention to organize a go- 
vernment for the district. At the same session, the county of 
Woodford was separated from Fayette, the last of the Virginia 
creations, to take effect on the 1st of May, 1790. 

Transylvania seminary, which principally owed its e?tab- 
lishment to Colonel John Todd, also experienced the liberality 
of the legislature, in bestowing on it one-sixth of the surveyors' 
fees, formerly conferred on the College of William and Mary. 
This institution has been, under various modifications and 
diversified fortune, the nucleus of literature and sound learning 
in Kentucky; around which, many other institutions, and nu- 
merous alumni have clustered. It was established by an act of 
Virginia in 1780 at the establishment of Lexington, on a grant 
of eight thousand acres of the first land in the county of Ken- 
tucky, which should be confiscated. This grant was com- 
pleted out of the lands, which had been surveyed under British 
authority for certain persons who adhered to it, in the Revolu- 
tionary struggle. It would be a curious, though a difficult cal- 



188 HISTORY OF KENTUCKY. 

culation, to estimate the important consequences, which this 
most interesting institution has had by its library, its lectures, 
and its professors, on the intellect and the morals of the west- 
ern country. Such influences have been too much and dis- 
gracefully disregarded, in the actual legislation of Kentucky. 
With some indiscreet land endowments of county seminaries, 
which have been confided to so many promiscuous and irre- 
sponsible trustees, as to have been almost all wasted; the legis- 
lative patronage of Kentucky to any system of education for its 
rising generations, has been wofully remiss, and practically 
insignificant. To this remark the City of Louisville presents 
a proud exception, and a model for the rest of the State. How 
long shall any portion of a people blessed with such noble pre- 
rogatives of freedom, and lofty opportunities of high emprise, as 
the American throughout their republics so eminently are; con 
tinue practically indifferent to this seed plot of their liberties 
and of the most glorious attributes of moral and intellectual 
natures? The panegyrics of our statesmen, the waste of rhe^- 
oric in our orators on the suhllme interests of social education, 
are but bitter sarcasms and caustic satires on national indiffer- 
ence; while the children of the republic, its future soul and 
animation through all the walks of society and offices of life, 
remain a prey to the avarice, the ignorance, the poverty, or the 
indifference of their parents. This fostering of social educa- 
tion does indeed involve within its influence, the permanency 
and even desirableness of our institutions of popular power* 
For let it be engraven on the inmost fibres of every patriot's 
heart, that the power, or in other words the freedom of a people 
uncultivated in mind and in morals, must prove as pernicious to 
themselves; as by the beneficial economy of Divine Providence, 
it must be short-lived in itself. Under these solemn convictions 
of its importance, the historian of Kentucky may be pardoned, 
in most earneitly commending the sacred cause of educating 
the hearts and minds of her people, to every citizen that aspires 
to the holy triumphs of benefiting his fellow men, in any of the 
exertions of life. However obscure such eflTorts may be at first, 
or however arduous; they will hand down his name for memo- 



HISTORY OF KENTUCKY. 189 

ry to delight to dwell on. Actuated by this holy impulse, Ken- 
tucky would enjoy not only theatres in which should be displayed 
the high moral and intellectual influences of education ; but 
the land would be overspread with school houses and teachers, 
that should consecrate society by spreading suitable lights of 
science and of learning, to every log cabin in the Commonwealth. 
Indian depredations continued with the succeeding year, and 
became particularly aggravated upon the Ohio river, where 
many boats were taken and the people killed or taken prisoners. 
Notwithstanding these enormities of our savage neighbors, the 
Governor of Virginia on the complaint of Governor St. Clair 
of the North Western Territory, that incursions were made 
from Kentucky on Indians in amity with the United States, di- 
rected, that should it be necessary on any occasion to repel the 
attack of an enemy within the limits of the State; the most 
positive orders should be issued, that no party should upon any 
pretence whatever, enter into the territory either of the United 
States or of any Indian tribe. The execution of such instruc- 
tions would have been nearly tantamount to surrendering the 
western country to the Indians; as no offensive expedition, 
(which were the only effectual ones,) and no pursuit could have 
been carried over the Ohio river. The fact of these Kentucky 
incursions is however denied on the authority of the Kentucky 
Gazette, the files of which on being examined contained no 
notice of any expedition at or any way near the times alluded 
to by the Governor of the North Western Territory.* Yet had 
any parties of this description have been instituted, the news 
was too deeply interesting to the whole country to have 
been omitted. 

* Poiitiral Transaction?, p. 47. 



190 HISTORY OF KENTUCKY. 



CHAPTER Xir. 



Gen, Harmar's Campaicrn— Ei!,'hth Convention of the District— Separation from Virginia 
agreed upon— Col. Hardin's battles— Captain Hnhhel's defence against the Indians- 
Gen. Scott's Expedition— Col. Wilkinson's Expedition— Gen. St. Clair— Board of War 
in Kentucky— St. Clair's defeat— Pretended retaliation by Gen. Scott. 

The continuance of these aggressions, at length aroused the 
people to rely upon their own energies and again to pursue 
their wily and fugitive enemy, into his own forests and towns. 
For this purpose Gen. Scott with two hundred and thirty volun- 
teers crossed the Ohio at Limestone and was joined by General 
Harmar with one hundred regulars of the United States. The 
party proceeded to the Scioto against a camp of Indians, but 
they found it abandoned. A small detachment of thirteen men 
however surprised a party o^ four Indians, who were all killed 
by the first fire. Such particulars are too paltry and too bloody 
for further detail. By the 13th of April, the Secrelary at War 
wrote to Harry Innes, (who had been appointed a Judge of the 
United States for the District of Kentucky) authorizing him to 
call forth scouts for the protection of the frontier. On the 30ih 
of the month. Governor St. Clair arrived at the falls of the 
Ohio on his way to concert with General Harmar an offensive 
expedition against the Indians ; and an assemblage of people at 
Danville resolved, "that the frequentdepredations of the Indians 
en persons and property, made it necessary to march against 
their towns." A meeting of the field ofnccrs of the militia was 
therefore proposed at the same place, on the 23th of the month. 
Oil this day, the eighth convention assembled, and after making 
George Muter President, for the eighth time renewed the reso- 
lution in favor of separation from Virginia on the terms pre- 
scribed in her act for that purpose; accepted the conditions 
specified in that act, as a solemn compact between the two 
States, and appointed the 1st day of June, 1792, for the exis- 
tence of the State of Kentucky "as separate from and indepen- 
dent of the State of Virginia." Thus were brought to a close, six 
years' labors of Kentucky to become a separate State ; which, if 
they are not perfectly parallel with the labors of Hercules, 



HISTORY OF KENTUCKY. 191 

afford the most provoking and tantalizing scries of disappoint- 
ments, that vv ere ever calcuhited to try the temper, and prove 
the love of social order, in any community. Such a scene of 
political trials would explode the forbearance of any portion of 
the American people at this day,' and still, they were two years 
off the fruition of their reiterated wishes. Addresses were 
voted to the President of the United States and to Congress, 
praying for admission into the Union agreeably to the time 
prescribed by Virginia; they moreover directed the election of a 
convention for the formation of a Constitution, in the month of 
De "ember, 1791, allotting five representatives to each of the 
nine counties without regard to their population, and limiting its 
existence to seven months and to assemble on the first Monday 
in April at the town of Danville. 

The administration of the general government now began to 
be convinced of the perfidy of the Indians, and the impossibility 
of relying upon treaties alone to preserve the peace of the 
frontiers. The Executive was indeed in favor of more ener- 
getic measures than Congress would sanction,* after having 
exhausted magnanimous offers of peace. So soon as the fail- 
ure of negociation with the Indian tribes was ascertained, the 
government took the most effective means in its power, to make 
them feel the force of ai-ms. Brii^adier General Harmar ^'an 
intelligent and gallant officer" of the revolutionary army, who 
had been appointed under the Old Congress, was placed at the 
head of the United States' troops. These amounted to 320 
men. The General was authorized to call upon Virginia and 
Pennsylvania for detachments of militia, which made his 
whole force amount to 14 or 1500. Insignificant as this may 
now appear, it was at that day, an imposing force for Indian 
operations. The march commenced on the 80th of September^ 
1790, from Fort Washington, now the site of the flourishing 
city of Cincinnati, with a view of attacking the Miami towns, 
often called Omi by a corruption of the French Au, the seat of 
the present Fort Wayne, on the south side of the Maumee at 
the junction of its head branches. After seventeen days' 

^larsliall's Washington, vol. 2, p, 193, 208. 



192 HISTORY OF KENTUCKY. 

march the army reached the great Miami village, which they 
found set on fire by the Indians. The enemy Parthian like, 
with their usual agility kept out of the way of the unwieldly 
movements of the main body; till they found their own time and 
opportunity. The destruction of the town with that of large 
quantities of corn and other provisions was completed. These 
are the most fatal blows, which can be struck against such a 
foe, next to his personal desLruction. 

While our troops were encamped at the Indian towns a trail 
of the enemy being discovered, a detachment of one hundred 
and fifty Kentucky militia with some thirty regulars under 
Captain Armstrong and Ensign Hartshorn, commanded by Col. 
Hardin, set out in pursuit. After having marched about six 
miles the detachment was surprized by a body of Indians, who 
were concealed in the thickets on each side of a large plain j 
which they had effected by going on, in their trail for some 
time, and then returning on each side of it, to lay in ambush 
for their pursuers. When these had fairly got between the 
Indian lines, a fire was received "as by a signal, from* about 
seven hundred Indians on both sides of the ambuscade, which 
put the militia to disgraceful flight, without firing a single shot 
and left the handful of regulars to meet the whole brunt of the 
action. The Indians, under the command of the celebrated 
Little Turtle whose Miami name was, Michikinaqwan or Meche- 
cunaqua, as they did at the Blue Licks, now rush 3d upon the 
overpowered remnant of regulars, which defended itself "at 
their bayonet points with the greatest possible obstinacy;" till 
they were all killed except the two officers and two or three 
privates. Ensign Hartshorn was saved by falling behind a 
log in the retreat, which screened him from the eye of his pur- 
suers; while Captain Armstrong was preserved by plunging 
into a swamp, in which, he sank up to his neck within two hun- 
dred yards of the field of action. Here he remained the whole 
night a spectator of the war dance performed over the dead 
and wounded bodies of the poor soldiers, who had fallen the 
the previous day, amidst which, the shrieks of the wounded 
* Captain Wells who was with tlie Indians— Western Review, vol. 2, p. 18 1. 



HISTORY OP KENTUCKY. 193 

were mixed with the horrid yells of the savages. A circLiin- 
stance, which seems to imply most unusual bravado on the part 
of the Indians; only equalled by the unaccountable inactivity 
of the main army but six miles from the scene of action, and 
after many fugitives must have come in from the flight. Indeed 
the two officers, so wonderfully preserved, came into camp in 
the course of that very night. In the mean time the Indians 
poured in from the contiguous towns, to reinforce their coun- 
trymen. Some skirmishing then ensued with Harmar's scouts, 
but nothing material happened until two days after the army 
had left the Miami village ; when at seven or ten miles' distance, 
the General ordered a halt, and on the night of the 21st* de- 
tached four or five hundred militia with about sixty regulars 
under Major Willis again placed under the chief command of 
Col. Hardin,t who was ordered to march back and endeavor to 
snrprize the town. On entering it, a small body of Indians 
was discovered; which immediately fled and decoyed the militia 
in front, into a pursuit in different directions, leaving the regular 
soldiers by themselves. When the dispersion of the militia 
was thus effected, the main body of the Indians under the same 
distinguished Chief as before, which had reserved itself for 
this blow, attacked the regulars with the utmost fury, notwith- 
standing the return of some of the militia on their rear. Noth- 
ing could oxceed the intrepidity of the savages on this occa- 
sion;! with all undauntedness conceivable, tliey threw down 
their guns, and with their tomahawks rushed upon the bayonets 
of the soldiers; a destructive warfare to them and very difier- 
ent from their usual economy of life; but with tiieir relative 
superiority, which our tactics of fighting by detachment had 
given them, still more destructive to the v/hites. W^hile a sol- 
dier had his bayorict in one Indian, t.vo others would sink their 
tomahawks in his head. The defeat of the regular soldiers was 
most bloody and fatal, not one escaped; they all fell with 

* Marshall's Washington, vol. 2, p. 208— Metcatf's Collection, p. 108. 
t The fatlier of the late Gen. ftlartiuD. Hardin of distinguished ability and worth 
X Judge Marshall represents this action to have taken place on both banks of the St. 
Josephs; one column under Col. Hardin marched on the west bank and two others on the 
eastern side, under Major Willis with the regulars andMajor McMillan with the mili- 
tia— volume 2d, page 20b. 

R 



194 HISTORY OF KENTUCKY. 

their gallant Major at their head, bravely defending the cause 
of their country; while double the whole detachment and four- 
teen times the numbers of the regular portion of that detach- 
ment were but eight or ten miles off. Why this wanton expo- 
sure to be beaten by detail should hav^e been encountered, while 
the main force was kept inactive and not moved into support- 
inT distance; the author is not military critic enough to know. 
To his mind it appears, to have been a most unnecessary waste 
of life, and sacrifice of superiority in favor of the enemy. 

The militia before the complete destruction of the regolai*s, 
had returned from the pursuit, which had so fatally divided 
the detachment; and a portion of them, with their Colonel was 
brought into action. The contest was maintained for some 
time with equal effect, until they were overpowered by a supe- 
rior foe flushed with his triumph over the regulars; but Hardin 
was compelleil to retreat, leaving the dead and the wounded in 
the hands of the enemy; who did not, however, dare to pursue, 
much as they delight in wreaking their vengeance on a flying 
enemy, next to his surprise. The latter indeed, they seem to 
think the very criterion of generalship. 

Great discontents arose between the regular and militia por- 
tions of the troops, as usually happens in the train of other 
misfortunes. One party reproached the other with unequal 
exertion; to both the destruction was heavy, the militia lost 
from ninety-eight to one hundred and thirty of their number, 
and had ten wounded; while the regular troops had lost neaily 
seventy-three out of three hundred and twenty. It mav well be 
called Ilarmar's defeat; when he kept two-thirds of his troops, 
as unavailing to the support of his detachment, as if they had 
been on this side of the Ohio. What was the use of superior 
numbers, when they were not brought into action or even to 
appear before the enemy; which was but ten miles off? The 
troops returned to Fort Washington, by easy marches with all 
their artillery and baggage by the 4th of December. Courts 
martial were called on both General Harmar and Col. Hardin; 
both were however honorably acquitted. The former, though 
sustaining a high character as a disciplinarian and most gallant 



HISTORY OP KENTUCKY. 195 

otficer, was not again ordered on command and resigneti On 
the whole, this expedition ineffectual as it proved in the main, 
and defeated as it was twice in detachment with great loss, gave 
the Indians reason to triumph in their opposition to so f )rmidabl€ 
an invasion : accordingly the depredations of the Indians on tho 
settlements of Kentucky increased in ferocity and number par- 
ticularly on the Ohio. In the instance of Captain Ilubbcll* de- 
scending the Ohio in a family boat with nine men, ihe engagsment 
with the Indians in canoes was desperate beyond the constant 
horror of these savage contests: after losing three of his men, 
having three more wounded, and himself shot through the arm, 
he repulsed the enemy from the gunwales of his boat with siicks 
of wood, and finally escaped. The distinguished heroism of th« 
transaction will entitle it to a place in the appendix. At ihe 
same time, the boat of Greathouse was taken without resistance, 
so great is the difference of character: himself and a boy of 
fourteen were instantly killed and a number of others found 
whipped to death after having been stripped, tied to trees and 
with the appearance of lashes given by large rods, which were 
lying by, worn with use. It might have been observed before 
this time, that Judge Innesf in a letter to Secretary Knox of the 
7th July, 1790, had declared, that he had "been intimately ac- 
quainted with this district from November 1783 to the time of 
writing; and that fifteen hundred souls have been killed and ta- 
ken in the district and migrating to it; that upwards of twenty 
thousand horses have been taken and carried off; and other 
property to the amount of at least fifteen thousand pounds." 

To give greater effect to the detence of the frontier, small 
posts were established round the remote settlements, consisting 
of, from twenty to five men which were found very serviceable 
by giving security and satisfaction. 

On the 13th of December the President of the United States 
jecommended the adoption of the new State of Kentucky into 
the Union, in both affectionate and honorable terms, which were 
reciprocated in the addresses of both houses; then usual in reply 

* Metcalf's Collection, page 14G. 
f Political Transactions, page 58. 



190 HISTORY OF KENTUCKY. 

to the President's communication. These affectionate expres- 
sions of the different departments were realized on the 4th of 
February, by passing an act to admit Kentucky into the Union 
on an equality with the other States. The year 1791 was most 
biisily marked with Indian hostilities, and military expeditions 
on our part, to repel and punish them. 

In pursuing this defence of the frontiers, the administration 
on consultation with Mr. John Brown, then the only member of 
the House of Representatives of the United States from the 
western country of Virginia, including the district of Kentucky 
as a distant precinct; adopted the following plan. Messrs. 
Scott, Inncs, Shelby, Logan and Brown, were appointed a local 
l)oard of war for the western country, to call out the militia on 
expeditions against the Indians in conjunction with the com- 
manding officer of the United States, and to apportion scouts 
through the exposed parts of the district. This plan was the 
result of considerable consultation and some compromise. When 
Gen. St. Clairs name was mentioned by Gen. Hamilton to Mr. 
Brown, as the commanding officer in the west, the later gentle- 
man remarked, that without laying any stress upon his misfor- 
tunes during the revolutionary war, his sentiments upon western 
interests rendered him unpopular in Kentucky. But, said Mr. 
Brown, if a local power can be deposited in the district, to or- 
ganize mounted expeditions against the Indians in the old way; 
he v/ouid withdraw any objections to the appointment of Gen. 
St. Clair. This gentleman was accordingly invested with this 
command, and the board of war organized as mentioned above. 
In consequence of this arrangement, an expedition was appoint- 
ed and placed under the command of Gen. Charles Scott with 
Wilkinson as second in command, at the head of 8 or 900 
mounted men. The march took place upon the 23d of May. 
*"By the 31st, the party had marched one hundred and thirty- 
five miles over the country cut by the branches of White river 
and many smaller streams with steep muddy bnnks, presenting 
bogs of deep clay from one to five miles wide rendered almost 
impervious by brush and briars. The rain fell in torrents every 

* Metcalfe, page 110. 



HISTORY OF KENTUCKY. 197 

Oay — wearing down the horses and destroying the provisions. 
On the first of June an Indian was discovered on horsehack in 
an extensive prairie, whom it was in vain attempted to intercept; 
the march was now hurried with all possible rapidity and 
having come one hundred and fifty-five miles from the Ohio, 
two small villages were discovered on the Wabash. The main 
town was now discovered to be four or five miles in front. Col. 
John Hardin was now detached with sixty men and a troop of 
light horse under Capt. McCay to attack the towns on the left, 
while Gen. Scott marched with the main body against the prin- 
cipal village, whose smoke was discernible. The attack was 
gallantly commenced by Capt. Price, and as the troops reached 
the high ground overlooking the Wabif-h, the Indians were dis- 
covered in great confusion, endeavoring to make their escape 
over the river in their canoes." Wilkinson was ordered to rush 
forward with the first battalion; and the General then says, it 
''gained the bank of the river, just as the rear of the enemy 
had embarked and regardless of a brisk fire kept up from a 
Kickapoo town on the opposite bank, they, in a few minutes, 
by a well directed fire from their rifles destroyed all the savages 
with which five canoes were crowded. The enemy still kept 
possession of the Kickapoo town. "I determined," says Gen. 
Scott, "to dislodge them; and for this purpose ordered Captains 
King and Logsdon's companies to march down the river below 
the town, and cross under the command of Major Barbee. 
This movement was unobserved, and my men had taken post 
before they were discovered by the enemy, who immediately 
abandoned the village. About this time word was brought me 
that Col. Hardin was encumbered with prisoners, and had dis- 
covered a stronger village to my left, than those I had observed; 
which, ho was proceeding to attack. I immediately detached 
Capt. Brown with his company to support the Colonel; but the 
distance being six miles, before the Captain arrived the busi- 
ness was done, and Col. Hardin joined a little before sunset, 
having killed six warriors and taken fifty -two prisoners." 
Lieut. Colonel Wilkinson was now detached with three hundred 
and sixty men in front, all who could be found in a capacity to 



198 HISTORY OF KENTUCKY. 

undertake the enterprize. This party attacked the important 
town of Kethlipecanunk at the mouth of Eel river, a western 
branch of the Wabash. Our party came into the vicinity of the 
town before eleven o'clock and remained on their arms until 
four o'clock, when in half an hour more, it was assaulted in all 
quarters. The enemy was vigilant, gave way on my approach 
and crossed Eel creek, which washed the northeast part of the 
town. The creek was not fordable, but the troops rushed to 
the water's edge and poured in a volley, which in five minutes, 
drove the enemy from their covering. On the same day, after 
having burned the towns and adjacent villages; and destroyed 
the growing corn and pulse; the detachment began its march 
for the rapids of Ohio, where it arrived on the 14th without the 
loss ofa man by the enemy and five only wounded; having killed 
thirty-two, chiefl}^ warriors of size and figure, and taken fifty- 
eight prisoners." The Colonel very humanely discharged six- 
teen of his feeblest prisoners with a friendly talk to the Wabash 
tribes. These soldierly expeditions, more brilliant however in 
appearance than destructive to the enemv, were followed in 
the month of August by a second volunteer expedition, which 
was placed by the board of war under the command of Wil- 
kinson. This party after struggling with great ditficulties 
arising from the ground and their ignorance of the country ; at 
length on the 7th inst. struck the Wabash four or five miles 
above the mouth of Eel river; crossed the former river until 
they came opposite to the town of L. Anguille, or according to 
the Indian sound, Kenapacomaqua.* Here, the enemy was 
found on their flight; a charge was ordered, which was obeyed 
with the utmost alacrity. "Six warriors and (in the hurry and 
confusion of the charge) two squaws and a child were killed; 
thirty-four prisoners were taken and an unfortunate captive re- 
leased, with the loss of two men killed and one wounded." The 
same cruel course of destroying the crops was unavoidably 
pursued, to the amount of four or five hundred acres of corn chief- 
ly in the milk. This had been replanted since the destruction 
in the previous June, and was again in high cultivation. For an 

* The site of the present Logansport, Indiana. 



HISTORY OF KEXTUCKY. 199 

enemy less ferocious and amenable to the laws of civilized 
warfare, miserable as they are, the heart would grieve over 
this blasting the labor of the year and the principal subsistence 
for women and children. But it is one of the worst curses of 
war, to steel our hearts against the sufferings of our enemies, 
and shut up the very sources of compassion. In justice to 
Gen. Scott and Col. Wilkinson, it ought to be mentioned, that 
they sternly forbade the practice of scalping* the enemy, which 
had hitherto characterized the white warrior as much as the red 
one. Both these gallant officers to whom, the western country 
is so much and deeply indebted for military services, had 
fought in fields of too fair fame (for they were chiefs in the 
revolutionary struggle,) to sully their arms by these barbarian 
practices. They begin by overleaping the boundaries of mer- 
cy and humanity in one instance, almost inevitably prompting 
their violation in others; till there is no restraint on the outrages 
of temper. This portion of Kentucky history almost entirely 
lay on the northwestern side of the Ohio river; where the strug- 
gle between the white and the red men, was now transferred; 
and which was mainly throughout the contest supported by the 
blood and valor of Kentucky. 

The general government, particularly the legislative depart- 
ment,! finding so little effect from the expedition of General 
Harmar; determined with perhaps too little respect for the ene- 
my in their own fastnesses, to terminate the war with the cam- 
paign; this is manifest by the short enlistment of the troops for 
six months. In the course of the ensuing September, the differ- 
ent bodies of men were collected at Cincinnati, then Fort 
Washington, from the points at which they had been enlisted, 
to form the new expedition against the Indians. The officers 
are represented to have been the very elite of the revolutionary 

* This savajje custom is represented as prevailing with some difTerence, among tliu 
Scythians in the time of Herodotus. "They carried about them at all times this sava;jo 
uiark of triumph; they cut a circle round'the neck, and stripped olf the skin, as they 
would that of an ox. A little image, found among the Calmucs, of a Tartarian deity, 
mounted on a horse, and sittin:^ on a human skin, with scalps pendent from the breast; 
fully illustrates the custom of the Scythian progenitors, as described by the Greek histori- 
an." Pennant as quoted by Dr. Godman, vol. 1, p. 29 of his Natural History. 

fMarshairs Washington, page 193, vol. 2, foot note. 



200 HISTORY OF KEXTUCKY. 

army; the men, however, were of the most ordinary character, 
as is likely to have been the case, just after the close of a long 
war; and the general engagement of the more promising of 
tliem, in the walks of civil life. But a source of difficulty 
greater than inferiority of character, presented itself in tho 
little time, afforded to discipline the army; and unite men and 
officers in one cordial and efficient band. Levies raised in the 
summer, marched to the field early in the fall, against an ene- 
my requiring no common portion of skill and experience to 
understand and to repel its covert, wily and ferocious tactics; 
could scarcely have warranted any sanguine anticipations of 
success. The hardy and dextrous habits of the frontier settler, 
rivetted and confirmed by a life led in the woods, and in the 
mimic warfare against their tenants, are all brought into full, 
and too offen unequal requisition, in this tremendous encoun- 
ter of conflicting states and habits of society. How inadequate 
then must have been the preparation of those troops, many of 
whom had been gathered from the lazy and corrupt haunts of 
towns I No wonder then, that this hurried movement with such 
materials; added to the want of confidence in regular troops, 
which possessed the Kentuckians; particularly since the heavy 
loss of life with no adequate erfect, under Harmar, prevented 
any volunteers from cffering themselves in Kentucky. Yet her 
hardy and adventurous people had ever borne the brunt of In- 
dian hostility with the eagerness, which amusement, rather than 
a most horrid warfare, full of hardship and danger, was calcu- 
lated to inspire. No general officer in Kentucky could be found 
to take the command, and the requisition of the general gov- 
ernment for troops had to be filled by reluctant drafts, for one 
tliousand men, the command of whom, was given to Colonel 
Oldham.* The army amounted to about two thousand regu- 
lars, including a corps of artillery and several squadrons of 
horse; which with the militia, made an aggregate (f three 
thousand men. The expedition left Fort Washington about t!:c 
first of October by the way of Fort Hamilton, situated on the 

* The father of our worthy citizens Major Oldham and his brother the Judge of tJiat 
luuue in this city, and who was killed in this action. 



HISTORY OP KENTUCKY. 201 

Great Miami, in the direction of the Miami towns, that were 
the object of the campaign; and which lay upon the Miami, 
or Maumee of the Lake. The old difhcultics of Indian war- 
fare again presented themselves, which had always attended 
the operations of regular armies, against the sd,vages of North 
America: roads were to open, bridges to build for the convey- 
ance of artillery and stores; and moreover, forts to erect in 
order to keep up the line of communication withtiie Ohio river, 
the base from which provisions and reinforcements were to be 
drawn. These various exertions were to be made at the close 
of the season for active operations v.ith ill clad troops, and by 
no means the best affected, or under the best discipline. An 
ardent and vigorous commander, might well have failed in com- 
batting these numerous difficulties; but the government had 
chosen Arthur St. Clair, "a veteran of the revolution possessed 
of both talents and experience, but old and infirm." The stern 
and trying scenes of war and a war above all others with wily 
barbarians, amidst their own embarrassing fastnesses, call for 
sleepless energy and inexhaustible activity; these qualities 
sometimes survive the ardent period of youth and middle age ; 
but much more generally share the decline of the other physi- 
cal powers. In no service is ag;^, even a green old age, more 
generally misplaced, than in a war against such an enemy as 
the Indian. When disease is added to these natural sources 
of debility, w^hat but fliilure ought to be expected? Was not 
the employment of our Dearborns and Hulls in the late war 
against Great Britain, a repetition of the same errors as that of 
St. Clair in 1791 ? This unfortunate officer was so affected by 
gout, that he could not walk, and could neither mount or dis- 
mount a horse witliout assistance. Moreover, as if these dis- 
heartening circumstances were not sufficient; the enlisments 
of most of the men had expired before the campaign ended, 
and attempts had been made to re-enlist them under circnmstan- 
stances which greatly disaffected them; one or two hundred mi- 
litia too deserted. Against all these omens. General St. Clair 
felt it to be his duly, to satisfy the expectations of the govern- 
ment, by urging his march to the Indian towns. Before he 



202 HISTORY OF KENTUCKY. 

reached them, he had been obliged to detach the first regiment 
under Major Hamtramck to bring back his militia deserters and 
to protect several convoys of provision, the plunder of which 
had been threatened by them. On the 3d of November, the 
army came to a village situated on a small tributary stream of 
the Wabash* about twelve yards wide ; which Gen. vSt. Clair 
mistook for the St. Marys, a branch of the Maumee. Here the 
troops were encamped in the following order,! ^'upon a very 
commanding piece of ground in two lines, having the above 
mentioned creek in front, the right wing composed of Butler, 
Clarke and Patterson's battalions, commanded by Major Gener- 
al Butler forming the first line; and the left wing consisting of 
Bedingor and Gaither's battalions and the second regiment 
commanded by Colonel Darke, formed the second line; with an 
interval of about seventy yards which was all the ground al- 
lowed.]: The right flank was pretty well secured by the creek, 
a steep bank, and Faulkner's corps; some of the cavalry and 
their piquets covered the left flank. The militia were thrown 
over tlie creek in advance about a quarter of a mile, and en- 
camped in the same order." The next day the general had 
intended to throw up a slight work, the plan of which was con- 
certed that evening with Maj. Ferguson; and to have moved 
on to attack the enemy, as soon as the first regiment had come 
up. The wily enemy did not wait for this junction of the force 
opposed to them; but about half an hour before sunrise on the 
fatal 4th of November and jiist after the men had been dismissed 
from parade, the attack began on the militia. This portion of 
the army soon gave way and rushed into camp through the 
battallions of Butler and Clarke, throwing them into considera- 
ble confusion, and followed by the Indians at their heels; the 
fire of the front line checked them; but almost immediately, a 
very heavy attack began upon that line, and in a very few min- 
utes it was extended to the second likewise; the great weight 
of it was directed against the centre of each; where the artil- 
lery was placed from which the men were repeatedly driven 
with great slaughter. General St. Clair, who, notwithstanding 

* Maxshall 1, 379, t McCIung, 334, I St. Clair'a despatch. 



HISTORY OF KENTUCKY. 203 

his illness, was borne about every where in his litter into the 
thickest of the fire, giving his orders with the coolness and self- 
j)ossession worthy of a better fortune; directed Col. Darke to 
rouse the Indians from their covert with the bayonet, and to 
turn their left flank. This was executed with great spirit; but 
although the enemy was driven three or four hundred yards, 
for want of numbers or cavalry, they soon returned and our 
troops were forced to give back in their turn. The savages 
had now got into the American camp by the left flank, having 
pursued back the troops, that were posted there: again several 
charges were made with effect : but in these efforts, great car- 
nage was suffered from the concealed enemy and particularly 
by the officers. Every officer of the second regiment fell ex- 
cept three, more than half the army was killed: under this la- 
mentable slaughter, it became necessary to make another 
charge against the enemy, as if with a view to turn their right 
flank, but in fact, to regain the road from which, the army were 
intercepted. This object attained, the retreat began and soon do- 
generated into a ^'flight," a "precipitate one it was in fact," as 
so honestly owned, in the simple and dignified despatch of Gen. 
St. Clair. Arms were thrown away even after the pursuit had 
ceased; the artillery was necessarily abandoned, for not ahorse 
was left to have dragged it oflT, had that have been practicablo, 
and the General was mounted on a packhorse "which could not 
be pricked out of a walk." "The rout continued quite to Fort 
Jefferson tv/enty-nine miles from the scene of action," which 
was reached about sun set; while the battle ended about half 
after nine in the morning. The troops were then marched 
back in good order to Fort Washington by the 8th of the 
month. In this disastrous battle, which may well be called 
a second Braddock's defeat,* (for the loss in killed and wounded 
amounted to nearly six hundred, about the same, as is supposed 
with that of the latter) all the baggage and seven pieces of ar- 
tillery were left on the battle ground. The behavior of the 
Indians on this occasion, was singularly daring; after delivering 

*Juclge Marshall represents Braddock's force as 1200, vol. l,p. 8, and Col. James Smith 
says lh« Indians killed all their prisoners.— Col. Smith's narrative. 



204 HISTORY OF KENTUCKY. 

their lire, they rushed on with their tomahawks; one indeed, 
at the sacrifice of his own life, darted into the camp and 
tomahawked and scalped Major General Butler where his 
Avounds were dressing, though the Indian was instantly put 
to death. A variety of opinion has been expressed in regard 
to the numbers of the enemy engaged in this battle; varying 
from four thousand to ten hundred : the former estimate is ut- 
terly too extravagant for all our acquaintance with Indian force. 
Against General Wayne,^ they mustered but two thousand, 
according to his own account; and only half that number from 
Col. McKee's letter to Col. England at Detroit; though he had 
been advancing against them for two seasons. Our ov/n force 
engaged in the action, after deducting the first regiment, 
amounted to about twelve hundred men, exceeding ip all proba- 
bility, the number of the Indians; but with all their gallantry 
and even hard fighting, wofully inferior to the enemy in effi- 
ciency ; had our men flanked out according to all Indian fighting, 
when they had roused the enemy from the grass and the bogs, 
their opportunity would have been at least equal with them. 
The truth is, that the division of the force was highly danger- 
ous ; not worth the deserters after whom a large detachment 
was sent; and if necessary to secure the provisions in the rear, 
it had been better effected by a retrogade movement of the 
whole body; the deficiency of cavalry or mounted men, was 
also most fatal ; still the radical error of the campaign was 
forcing disaffected, unprepared troops into such hazardous war- 
fare. It is due to our adversaries to record, that the Indian 
Chief! who commanded them in this great battle was Little 
Turtle, who had defeated Colonel Hardin in Harmar's cam- 
paign; assisted no doubt by the Shawnee chief Blue Jacket and 
the Delaware Buckongahelas. This eminent native chief, the 
imitator of Pontiac in influence and war, is represented as 
planning this attack in opposition to many other chiefs; and that 
he was arrayed with silver medals and jewels from the ears 
and nose, in all the foppery of Indian dress mixed with Euro- 

* Wayne's despatch, Metcalf 's Collection, p. 160. j Idem p. 138, and Thatcher's Indian 
Biography. * 



HISTORY OF KENTUCKY. 205 

])can clothes : he it was, who wisely withdrew his countrymen 
from the pursuit, telling them they had killed enough of the 
Americans. The loss of the Indians in this battle is not cer- 
tainly known ; but in no probability, could it be proportionate 
to that of the whites; the former fought mostly under cover of 
logs or grass, while the latter were gathered into a target for 
the whole fire of the enemy. "An American officer who en- 
countered a party of thirty Indians near the battle ground, a 
day or two after the defeat (and was detained by them, till they 
believed him a friend from Canada) was informed, that the 
number of killed was fifty-six."* 

A few weeks after this defeat. Gen. Scott having raised a 
volunteer corps of mounted men, is said to have despatched 
some scouts to reconnoiter the enemy, who, when they had ar- 
rived v/ithin a few miles of the battle ground,! discovered a 
large party of Indians diverting and enjoying themselves with 
the plunder they had taken; riding the bullocks and to all ap- 
pearances generally drunk. This condition of thino-s was 
quickly reported to their commander; a forced march was or- 
dered, and the corps being divided into three parties, fell upon 
the enemy by surprize and routed them with a slaughter of ^jto 
hundred killed on the spot; all the cannon and stores in their 
possession were retaken, and the remainder of the savage body 
put to flight. Gen. Scott in this pretended retaliation upon the In- 
dians, is represented to have lost six men ; to give greater plans" 
ibility to this tale, he is said to have given the following affectincr 
description of the fatal field of St. Clair's defeat. In the space 
of three hundred and fifty yards lay five hundred skull bones; 
and from the battle ground for five miles, the roads and woods 
were strewed with skeletons and muskets. This would indeed 
have been a retaliation almost merited by the bloody field of St. 
Clair; but an attentive reader must have been astounded at the 
greatness of the alleged carnage. Two hundred Indians killed 
would have been a more memorable destruction of the savages 
than had ever been ascertained, (it is believed, in any one contest) 
during the wars of more than two centuries with the European 

* Thatcher's Indian Biography, vol. 2, p. 249. f Mctcalf, p. 140. 

s 



206 HISTORY OF KE^'TUCKY. 

race. But this ^vhole account is utterly fabulous; the Ken- 
tucky troops did not go beyond the Eagle creek hills in their 
cwn State, and did not cross the Ohio. An actor* in the party 
.tself has assured the author, that the whole expedition to the 
field of battle is a fiction: the panic of the western country 
\Yas too great to admit of so remarkable an enterprize to a 
scene, which had filled the country with dismay and with 
mourning.! 

The elections for members of our eighth and last convention 
anterior to the formation of the State, took place in Decem- 
ber 1791; the period of the meeting was not, however, till 
the first Monday in the ensuing April at Danville. In January 
of the latter year Colonel Wilkinson, who had figured so 
largely in the afiairs of Kentucky and in her trade and defence 
with sifi^nal service, was appointed a Lieutenant Colonel in the 
second regiment of United States' troops and took command of 
Fort Washington. 

The old story, but of melancholy import at the time, of Indi- 
an depredations continued from Danville to Louisville; and to 
punish and prevent them. Congress passed an act for the de- 
fence of the western frontiers. 

It is solacing to the feelings to turn from this constant cata- 
logue df blood, to the rise of the useful and peaceful arts among 
us, which however could only be secured by first putting it out 
of the power of the Indians to interrupt their developement. 
Hi o^by's gristmill near Lexington, and one on Fountain Blue near 
Harrodbburg, were among the earliest water mills in the State. 
The former was built before the fall of 1785. To Messrs. 
Craig and Parkers, Kentucky is indebted for the establishment 
of the first paper mill near Georgetown in Scott county. 

But this brief notice of our arts is again interrupted by the 
din of war; and yet the President of the United States, still in 
much forbearance, thought it prudent to offer the Indians peace. 
Indeed what had wc to gain of these poor naked miserable sav- 

* 11. Marshall, Esq. 
t The ori>jiii;il sources of this mistake, which have imposed on Mr. Trumbull, Mr- 
McClung and Dr. Metcalf, the author has not been able to detect. 



IirSTOHY OF KEXTiLivv. 207 

ages, but peace, and if they would but have grauted it in good 
faith, by ncgociation, much bloodshed might have been saved on 
both sides. Notwithstanding this disposition on the part of the 
United States, at this very time, it was ascertained "that the 
Cherokees of five towns would join the Shawnecs in the war 
against Kentucky;" and yet hostilities were forbidden on the 
part of the whites, while the effect of pacific overtures was 
ascertainin<r. 



CHAPTER Xm. 



Convention of 1792 — Goor<ro Nicholas — First Constitution — Boundaries — First officers of 
Government — Compensation — Intrigues of Genet in Kenturky — Remonstrances of 
Gen. Wasliinglon witli Gov. Slielby— French attachments in Kentucky. 

On the first Monday in April, the Convention for forming the 
first Constitution of Kentucky assembled, as previously indi- 
cated. The most distinguished man in this body, and who may 
emphatically be called the author of the first Constitution of Ken- 
tucky, was George Nicholas, the most eminent lawyer of his 
time in Kentucky; whether his learning or his powers of mind 
be regarded, and the father of the present Judge Nicholas. This 
gentleman had emigrated from Virginia, about '90 or '91, and 
had devoted himself wuth the most exemplary and untiring en- 
ergy to a profound and thorough comprehension of his complex 
and intricate profession. Presenting too, difficulties of pecii- 
liar and novel embarrassment in the condition of our land law, 
which presented a terra incognita for the sagacity of Ken- 
tucky Judges and lawyers to explore and to coast. lie is said 
to have devoted seven hours a day for many years in order to 
reach a lofty standard of professional excellence, which he had 
set before his generous ambition; the allurements of company 
were disdained, and they were left to the hospitalities of his 
lady, when their entertainment came into competition with his 
professional studies. Col. Nicholas is said not to have been an 
eloquent or graceful speaker, although a powerful and impres- 



208 HISTORY OF KENTUCKY. 

sive one, and always possessed of great influence .with the 
courts and of widely extended reputation with the people. 
Next to Col. .Nicholas were Judges McDowel and Sebastian 
and Alexander S. Bullitt, all gentlemen of talents, information 
and habits of public business. There ought to be some curi- 
osity in regard to the labors of this convention,* for although 
the Constitution formed by it, no longer directly governs the 
affairs of Kentucky; still it is one of our political muniments; 
and as the earliest political fabrick after the revolutionary war^ 
possesses an interest to which, no American patriot, much less 
no citizen of Kentucky ought to be insensible. For this pur- 
pose an abstract of the material parts of the Constitution of 
1792 is submitted to the reader. The Legislature was divided 
as at present into two branches, a Senate and a House of Rep- 
resentatives; the latter elected by the free white male resi- 
dents, annually; the former by electors, for four years. The 
electors were chosen every four years and formed a college for 
the choice "of men of the most wisdom, experience and virtue 
in the State as Senators;" and likewise at the same time elect- 
ed a Governor. The peculiar features were, that the Senate 
might fill its oini vacancies, (almost unavoidable in a body 
chosen independently of any local districts :) and an executive 
veto on the disapproved acts of the Legislature, which could 
only be invalidated, by a vote of two-thirds of both branches of 
the Legislature. Another peculiar provision, not generally re- 
cognized in the south western country of the United States 
was, that all electic ns were directed to be by ballot. The 
Supreme Judiciary both as to matters of law and equity was 
constituted much as at present, of one Supreme Court and such 
inferior courts as the Legislature may establish; with one sin- 
gular provision, that it should have original and final jurisdiction 
in all cases respecting the titles to land under the present land 
laws of Virginia, including those which were depending in the 
present Supreme Court for the district of Kentucky at the time 
of establishing the new Court. It was however provided, that 
the Legislature might, whenever they thought it expedient, take 

* Its Journal still slumbers in perishable manuscript in the departmont of State. 



HISTORY OF KE^'TUCKY. 209 

away entirely this original jurisdiction. The greatest depar- 
ture from the institutions of Virginia was, the election of sher- 
iffs and coroners, who were to be chosen by the people lor three 
years; provided they otherwise behaved well. The general 
character of this Constitution evidently bears a strong simili- 
tude to that of the United States; whose merits were now widely 
diffused by the publication of the "Federalist," a collection of 
pure, dispassionate, learned and sagacious discussions of the 
Constitution of the United States. This joint production of 
Mr. Madison, Judge Jay and Mr. Hamilton ; if the author were 
not afraid of being charged with hyperbole; he would denomi- 
nate, a golden commentary on a diamond text. In addition to 
this perennial fountain of political wisdom, may be added the 
diffusion of the constitutions of the other States, as storehouses, 
or fountains from which to draw constitutional provisions. The 
Senate appears to be an imitation of the Maryland body of that 
name; the election of Governor was drawn from the Constitu- 
tion of the United States, as well as the veto of that officer. 
On the whole, it strikes the writer as a much better balanced 
Constitution, than our present, which has swallowed up the 
executive authority and left a mere shadow of restraint upon 
the Legislature. The constitution of the Senate afforded the 
probability of a selection of more elevated character for its 
members, than our present local elections; the principal objec- 
tion seems, the power of filling its own vacancies; and in party 
excitements, so constant under our government, the irresistible 
one, of depriving the minority of any representation. The 
same remark may be made in regard to the election of Gover- 
nor; did not the actual working of our political system render 
the intervening link of electors, merely nominal; whenever the 
public mind has made its selection, which it has almost always 
exercised. The election of fiscal officers as sheriffs by the 
people, seems incompatible with the pecuniary responsibilities 
involved in the office. It is almost sure to make the sher- 
iff and his securities the victims of indulgence, inconsistent 
with private safety and the punctual collection of taxes. There 
is one effect, which the bringing of elections home to the peo- 

S* 



210 HISTORY OF KENTUCKr. 

pie may produce, thatmay eventuate in their corruption, ortheir 
improvement; but most probably in the former ; it is the incessant 
courting their favor for every public employment. An intelli- 
gent and high spirited people ought to feel above the low flatte- 
ry, the servile compliance and often the infamous misrepresen- 
tation, that are to > inevitably incident to the practice of elec- 
tioneering. It has grown with the growth of Kentucky at a 
most fearful rate; and does it not among other mischievous 
effects, tend to supersede the popular superintendence of its own 
affairs by tacitly surrendering them to professed candidates? 
Let discussion take its widest range within the limits of deco- 
rum : but let the parties whose qualifications and merits may 
be the subject, be kept out of the interested, and consequently 
intemperate participation. The author entertains no great 
iiiith in institutions to protect the people against the mischiefs of 
their own ignorance or vice; and above all, by recognizing 
different classes of interest, whether of property or rank; the 
only effectual influence, which can radically ameliorate society 
is, the diffusion of moral and intellectual cultivation with the 
protection of honest industry in the enjoyments of its fruits. 
Still good government is an institution, which affords a reason- 
able probability for bringing the intelligence and virtue of so- 
ciety into the management of its affairs consistently with the 
will of the people. No free government, and therefore gener- 
ally no good one, can protect the people against their own will; 
however corrupt and misdirected it may be ; all then, which 
the machinery of government can effect, is, to check the hasty 
and rash impulses of the popular sentiment for some short time; 
till it has had the opportunity to correct itself. In reverencing 
the ultimate sovereignty of the people, we should, under the 
influence of a genuine patriotism, abstain most religiously from 
inciting the people to dispense with these safeguards to the 
salutary exercise of their authority. Power, let it ever be im- 
pressed on the hearts of a free people, is just as susceptible of 
disregard and injustice to the rights of others in their hands, as 
in governments of more exclusively individual authority. Wheti 
so administered, as to forget or to violate the rights of others; 



HISTORY OF KENTUCKY. 211 

popular power becomes as rank tyranny and as gross oppres- 
sion, as at the hands of kings and of princes. Right and justice 
are founded in distinctions, as eternal as the Almighty Mind, 
which created them; and no power, whether clothed in impe- 
rial purple or the more unpretending, though not the less sig- 
nificant insignia of a republic, can consecrate oppression, or 
lessen the wickedness of injustice. Long may these sober 
truths protect the American people from corruption by their 
flatterers, and save them from the enormities, which disgraced 
the free governments of antiquity, as well as the hideous mis- 
named republic of modern France. 

On the 19th of April the Convention closed their labors, and 
on the 1st of June, 1792, the political existence of Kentucky, 
was consummated on an equality with her co-states, that were 
members of the American confederation. The boundaries of 
Kentucky were recognized in the act of separation on the part 
of Virginia, as the same which then separated the District from 
the residue of the Commonwealth. As these have not, how- 
ever, been specially mentioned, it may not be improper to state, 
that on the east, commissioners on the part of the two States 
interested, on the 14th of October, 1799, established the boun- 
dary to commence at the top of the Cumberland mountain, 
where the Carolina, now the Tennessee line, crosses the same; 
and pursuing a northeast direction to the northeastwardly branch 
of Sandy river to the m»iin west branch and down the same to 
the Ohio; and on the south, in 1820, Walker's line as run in 
1779 and 1780, as far as the Tennessee river and thence the 
line run by Alexander and Munsell under the authority of 
Kentucky to the Mississippi river below New Madrid ; on the 
wes% the Mississippi, and on the north, the Ohio river to the 
beginning, were established. 

On the fourth of June, the Governor and Legislature assem- 
bled at Lexington; Isaac Shelby having been chosen for the 
former high office by the college of electors and Alexander S. 
Bullitt and Robert Breckenridgc, both of Jefferson county, were 
selected as speakers of the two horses; the former of the Sen- 
ate, the latter of the House of Representatives. On the sixth, 



212 HISTORY OF KENTUCKY. 

Governor Shelby met the Legislature in person, as was then 
usual;, in imitation of the ancient practice of the British kings, 
as well as of the colonial governors. A mode of communica- 
tion, which however calculated it may be for the display and 
parade suited to a brilliant monarchy, is most unfit for the busi- 
ness intercourse of a simple and practical government. Under 
this method the interests of the public were prematurely agi- 
tated in replies often surprising and committing the legislative 
bodies to the approbation of measures, before they could well 
be understood, or fairly have come before the minds of the rep- 
resentatives. It was well changed under the Presidency of 
Thomas Jefferson for the mode of intercourse by message, the 
same, which had been practised at all times, upon the business 
of the current session. In this first communication of a Gov- 
ernor of Kentucky, the importance of establishing both private 
and public credit was represented, as the most efficient means 
of promoting the prosperity of the rising Commonwealth. To 
secure the first, a speedy and impartial administration of jus- 
tice was recommended ; and a scrupulous adherence to all pub- 
lic engagements, for the second. Next in importance to this 
fundamental policy of all well regulated States, that of adjust- 
ing land titles was represented as most entitled to the earliest 
regards of the Legislature. In organizing the government, 
James Brown, the brother of John Brown, the venerable and 
honored statesman of Kentucky, and himself subsequently so 
distinguished in the highest legislative and diplomatic services 
of the United States, was appointed Secretary of State, and 
George Nicholas, Attorney General : our first two Senators in 
the councils of the Union were John Brown the first and only 
member from Kentucky of the old Congress; and John Edwards 
who shortly afterwards disappeared from public life. An ap- 
pointment of commissioners for selecting a seat of government, a 
matter of great jealousy and contention between the people of the 
opposite sides of the Kentucky river, was then made by the House 
of Representatives, agreeably to the Constitution, by nominat- 
ing twenty-one persons, from whom the delegations from the 
counties of Mercer and Fayette, alternately struck off one, until 



HISTORY OP KENTUCKY. 213 

five gentlemen were left; these were Robert Todd, John Ed- 
wards, John Alien, Henry Lee and Thomas Kennedy, any 
three of whom might fix the scat of government. "A majority 
of the commissioners met soon after their appointment and 
fixed on Fr;inkfort, as the proper place j" which, most happily 
for the interests of the State, "required a concurrence of two- 
thirds of each branch of the Legislature to change to any oth- 
er point." The perfect eligibility of any place as a seat of 
government, is a subordinate consideration to its permanence ; 
no spot can furnish the accommodations and conveniences of 
which it might otherwise be capable; and which are so much 
required at a seal of legislation; when the continuance of the 
government is held in suspense; and liable to be changed at 
every gust of caprice or passion. The waste of treasure in 
public buildings, the injury and destruction to public records, 
serious as these mischiefs are, diminish in comparison with the 
paralizing effects of a fluctuating policy, which works all the 
practical mischiefs of the grossest perfidy. A state house of 
stone, sufficiently uncouth, was soon erected at the new seat of 
government, which was paid for principally, by the proceeds 
of private contribution; an edifice of brick was erected at the 
expense of the State for the accommodation of the Governor. 
At this session the Judiciary v/as organized, at all times one of 
the most important departments of government; indeed it is 
that, which principally brings the force of society into contact 
with the individual, by affecting his life, his liberty or his prop- 
erty. The Court of Appeals was directed to consist of three 
Judges,* one of whom was to be styled Chief Justice of Ken- 
tucky, and any two of whom were to form a quorum : subordinate 
to this Supreme Court, were County Courts likewise created 
by the Constitution, composed of ths Justices of the different 
counties, any two of whom were to coniititute "a court of quar- 
ter sessions and any other three a county court. The Justices 
were conservators of the peace and had jurisdiction of all 
cases of less value than five pounds (equal to sixteen dollars and 

* The first Judges were benjamin Sehastian, Calel) Wallace and Harry Iniies as Chief 
Justice; the latter doclinins; the otfice, George Muter was appointed in his place and Inucs 
wad appointed United States' District Judge. 



214 HISTORY OP KENTUCKY. 

sixty-six cents) or one thousand pounds of tobacco, if a judg- 
ment was rendered for less than one half of either, it was final; 
iffor more than fifty shillings, eight dollars and thirty-three cents, 
or five hundred pounds of tobacco, an appeal lay to the quarter 
sessions. The county court, a tribunal of great local value, 
was to hold a monthly session; at which it was to take 
cognizance of all cases of wills, letters of administration, 
mills, roads, the appointment of guardians and the settlement 
of their accounts. In addition to this catalogue of interesting 
municipal powers, it likewise, without any representative 
character, had the power of levying certain sums of money 
upon the respective counties for various objects of expense, 
such as public buildings, bridges and the support of the poor. 
The jurisdiction of the quarter sessions courts extended to all 
cases at common law and chancery, excepting criminal cases 
involving life or limb. The criminal jurisdiction was exer- 
cised by one court called the court of oyer and terminer, which 
was held twice a year by three Judges, from whose decision 
there was neither appeal nor writ of error. This sketch may 
serve to convey some idea of the earliest judicial system, nnder 
the State government; the improvement of which has been one 
of the most interesting and constant objects of attention in the 
legislation of the State. The members of the county courts 
have continued eligible to the legislature and those of the quar- 
ter sessions did, till 1794; when they were most properly pre- 
vented from thus confounding the different departments of gov- 
ernment. It is said the original draft of the law creating the 
quarter session courts, as furnished by the Attorney General 
denominated the members of the court Judges, which would 
have excluded them from the Legislature. On the ground of 
this exclusion, the bill was ralher strangely returned by the 
Governor and amended by the Legislature, so as to insert Jus- 
tices of the peace. The economy, or more properly the value 
of money in these times, is really too remarkable to escape 
notice. The members of Assembly received one dollar per 
diem and twelve dollars each for the whole session ; twenty 
dollars compensated the presiding officer of each house ; fifty 



IIISTOHY OF KENTUCKY, 215 

dollars the clerk and twelve dollars, the sergeant-at-arms; these 
considerable sums, it has rather sarcastically been observed, 
were in full of all demands. The largest bill seems to have 
been that of the public printer; well illustrating the scarcity 
and value of mechanics, by the contrast of their compensation, 
with that of the first statesmen of Kentucky. It was three 
hundred and thirty-three dollars and a third. No revenue hav- 
ing yet been collected, the treasurer was directed to borrow 
money. In ccnnection with this subject, the revenue system 
of the State and its treasury arrangement next present them- 
selves. Every hundred acres of land and every slave not ex- 
empted by the county court for infirmity or age, was taxed one 
third of a dollar; every horse, &c. about eleven cents, every 
head of cattle four cents; each wheel on every coach or chari- 
ot one dollar; for every wheel of other riding carriages not 
used in agriculture two- thirds of a dollar; for every billiard table 
thirty-three dollars and a third; every ordinary license ten dol- 
lars; every retail store, ten dollars. This revenue system was 
carried into effect by commissioners appointed by the county 
courts, whose business it was, to take lists of the taxable prop- 
erty; the shcriif was to make the collection from the people, 
account with the auditor of public accounts for the amount, and 
pay the same to the treasurer once a year. The treasury de- 
partment was organized by appointing an Auditor and Treas- 
urer. The former officer held his office during good behavior 
and was charged with keeping the public accounts between the 
State and all other persons or States; he audited the accounts 
of all civil officers or persons having claims' against the Com- 
monwealth and issued warrants for such sums as are expressly 
directed "by law to be paid out of the treasury." The treasur- 
er was annually elected by joint ballot of both houses. It is 
important to observe that this officer was emphatically made a 
legislative agent, and not an executive one : his duties were as 
usual with such officers. Within this year the Indians renewed 
their depredations within eight miles of Frankfort, on Russel'g 
creek south of Green river, in Madison county and in Nelson. 
11 consequence of the disasters experienced by the unfortu- 



216 HISTORY OF KENTUCKY. 

nate St. Clair, though fully exculpated from all blame by Gen. 
Washington,* he resigned the command of the mutilated army. 
The military esta])lishment was then authorized to be increased 
to 5000 men. At the head of this force Anthony Wayne of 
hio-h reputation in the revolutionary war, was placed in 1792 
with Brigadier Generals Posey and Wilkinson. Such were the 
indications, that the government had determined to prosecute 
the Indian war vigorously. Yet there was great division of 
sentiment on the best mode of pursuing this irregular warfare 
an-ainst the barbarians of North America. Nor was this differ- 
ence confined to the legislative councils! of the nation: it pre- 
vailed with a good deal of obstinacy in Kentucky. Here the 
desultory incursions, which had marked the military operations 
of the early settlers, still possessed the hearts of the country. 
This was natural enough to a people experienced and triumph- 
ant in war only, upon a limited scale: but the truth is, the 
mounted expeditions of the early times, were more chivalric 
than effective, more brilliant than useful; they were inroads not 
conquests. In no one instance did they, or could they compel the 
enemy to a full trial of their strenglh, much less defeat them, 
as in the battles of the Maumee and of Tippecanoe. To meet 
the powerful confederacy of the barbarian tribes aided by a 
jealous and hostile neighbor; a system of tactics was adopted for 
the peculiar theatre and enemy, which had developed the mili- 
tary powers of the Great President in the opening of his mili- 
tary career, under the colonial government of Virginia. 

The Indians of North America have proved themselves equal 
to the best light troops in the world, among their own woods and 
fastnesses. The evidence of this truth has been wofully given 
by the slaughter, rather than defeat of French, English and 
American troops with great superiority of numbers and arms, 
on their part. The alarming losses, which our troops had 
experienced against the savages from the close of the re- 
volutionary war to the times in question, induced General 
Washington to have a special military conference on the 
subject with Gen. Knox then Secretary at War, and General 

* Marshall'a Washington, vol. 2, p. £3. f Idem, p. 208, 284, 225. 



HISTORY OF KENTUrKY. '217 

Wayne.* The result of this council was the system of tactics 
observed by tliis officer in his northwestern campaigns. The 
principles of this system, as they have never been historically 
developed, will now be attempted on the aulhoriry of a distin- 
guished officer of General Wayne's staffi 

The principal features were, 1st, a "facility of forming an 
order of battle from an order of march, to resist a sudden and 
unexpected attack from whatever quarter it might come;'" 2, "a 
capacity of forming in line in thick v/oods; 3d, an easy mode 
of securing and prolonging the flanks, notwithstanding the line 
of extreme open order, each file being more than arms length 
from those on the right and left. All these were essential 
points in a war with our northwestern Indians;" because no 
vigilance could guard against an uriexj)ccted attack from them 
in their native woods. Yet these were fhe scene of operations; 
and "the object of their tactics is always to turn the fiank of 
their enemy. But by the formation adopted against the In- 
dians, in attempting to turn either flank, they mot a succession of 
fresh troops coming from the rear to extend the line." Upon 
the "European plan, as well as our own practice of fighting 
regular troops, the files are so close that the shoulders of the 
men touch each other. In fighting Indians there was no 
shock to be given or received, a very open order was therefore 
attended with two very great advantages; it more than doubled 
the length of the lines, and in charging, which was an essential 
part of the system, it gave more facility to get through the ob- 
stacles which an action in the woods presented." Such were 
the principles, which were to govern our troops in their active 
operations against the enemy; when encamped, "it was always 
in a hollow square. Within tJiis, all the baggage and cavalry 
were secured, and sometimes the light infantry and riflemen, for 
the purpose of making sallies in a night attack. Ramparts of 
logs were formed around the encampment, solely to repel a sud- 
den night attack, until the troops could get under arms. They 
were not intended for defence in daylight. To defeat Indians 
by regular troops the charge must be relied upon: the fatality 

* Gen. Harrison's letter to tbe author, 

T 



218 HISTORY OF KENTUCKY. 

of a contest at long shot with their accurate aim and facility of 
covering themselves, was mournfully exhibited in the defeats 
of Braddock and St. Clair. "General Wayne used no patroles, 
no picket guards.* In Indian warfare they would always be cut 
off; and if that were not the case they would afford no addi- 
tional security to the army, as Indians do not require roads to 
enable them to advance upon an enemy. For the same reason, 
(that they would be killed or taken) patroles were rejected, and 
reliance for safety was entirely placed upon keeping the army 
always ready for action. In connection with this system of 
constant preparation, there was only a chain of sentinels around 
the camp, furnished by the camp guards, who were placed with- 
in supporting distance." 

Such were the military principles adopted in the continuance 
of the warfare against our Indian foes. There seems to have 
been no divergent attacks to the right or left of the line of 
operations, in order to protect the communications wiih the base 
of supply at the Ohio. Yet had such expeditions have been re- 
concilable to other military principles, they would have pro- 
tected that line from many destructive interruptions. 

The plan appears to have been, to make no detachments, so 
fatal to Harmar and St. Clair; but to preserve the army in un- 
broken strength. Still accurate information might, it would 
seem, have authorised incidental expeditions, as they were af- 
terwards adopted under the command of his pupil on the same 
scene of operations at Mississineway; and by Colonel Johnson's 
mounted regiment. 

About the 6th of November, 1792, Major John Adair, after- 
wards so distinguished at New Orleans, and elected Governor 
of the State, in command of "about a hundred Kentucky militia, 
was attacked by a large body of Indians under Little Turtle, in 
a camp near Fort St. Clair, one of the forts on the line of 
operations north of Fort Washington; and after a gallant re- 
sistance, was forced to retreat, with the loss of six men killed, 
the camp equipage and one hundred and forty pack horses.j" 

* They are small bodies of men placed at a considerable distance from an army, on the 
principal avenues of approach to it. Tliey furnish no sentmels. 
t Marshall 2—41. 



HISTORY OF KENTUCKY. 219 

The enemy are said to have been repelled several times and as 
often recovered their advantage, with which they finally with- 
drew, taking all their booty : they are said to have left seven dead 
on the field, and to have been seen carrying off several during 
the action. "Brigadier General Wilkinson, who then commanded 
the United States' troops in the west, bestowed encomiums on the 
Major for his good conduct, and on his men for their bravery." 
Towards the close of the year the death of Colonel John Hardin 
was ascertained. He had most unaccountably for an officer of 
such value, (as well as Major Trueman) been invited from his 
private home by Colonel Wilkinson; through motives of private 
attachment to Hardin and anxiety to discharge the duty of a 
peace messenger, (to use the Indian phrase,) in order to prevail 
on the savages to come on terms of peace. That officers of 
their worth should have been exposed, contrary to their own ex- 
cellent judgments, on so hopeless a mission to such perfidious 
barbarians, is truly lamentable. If messengers must have been 
sent, why select officers whose services in more important ope- 
rations were so invaluable? Why not send some such men as 
Miller, who was employed in the same office by Gen. Wayne? 
Gen. Washington began his military career on just such a mis- 
sion, and he was anxious that the attempt should be made. 
Not for a moment, should the shocking insinuation,* contrary to 
all probability and evidence be believed, that these officers were 
purposely sent on their dangerous errand to put them out of 
mihtary competition with Wilkinson. The natural generosity 
of Wilkinson, his love of gallant bearing and his devotion to his 
profession, as well as his actual elevation and superior charac- 
ter, must protect his memory from so cruel an implication. 
The circumstances of Hardin's death are imperfectly known ,• 
he had proceeded on his mission to the Miami towns, accompa- 
nied by his interpreter; and arrived at an Indian camp, about a 
day's journey from where Fort Defiance was afterwards built 
by Gen. Wayne, on the Maumee; and about the same dis- 
tance from a town inhabited by Shawanees and Delawares. 
This officer was well received by the Indians in camp with 

♦ Marshall 2— 42. 



220 HISTORY OF KENTUCKY. 

their usual respect tor messengers of peace; but after having 
been there some time, five Delawares came from the town; 
when learning this, the Colonel proposed to go there with 
them that evening; they refused. Still they seemed friendly 
and they encamped together that night, in the morning, how- 
ever, owing to suspicions excited by minute enquiries about 
the country, more ferocious councils prevailed, and the Colonel 
was killed; his companion was afterwards murdered on the 
road to Sandusky. At the same time it must be mentioned in 
alleviation of this enormity, "that when the news was carried 
to the Indian town, that a white man with a peace talk had 
been killed at the camp, it excited great ferment, and that the 
.murderers were much censured." 

The depredations of the Indians continued to vex and harass 
the country, almost in every direction, during 1793. They plun- 
dered horses in Logan county, and the mail carrier through the 
wilderness was killed on Laurel River. On the 1st of April, 
Morgan's Station, on Slate creek, was captured, and most of the 
women and children taken prisoners ; these, when a pursual was 
commenced by a party of militia, were all killed. In an oppo- 
site section of the country, a man was killed on the Beech 
Fork of Salt river; boats descending the Ohio continued to be at- 
tacked with the most daring boldness, even at the Eighteen Mile 
Island, above Louisville, and between that city and the mouth 
of Salt river.* 

These disgusting and wearisome details are preserved to 
show the insecurity of the country at so late a period. Yet 
notwithstanding these outrages, the President, in order to coun- 
teract the strong impression which had possessed the minds of 
the people east of the mountains, that their fellow citizens of 
the west were the aggressors in the contest with the Indians; 
and that sincere attempts to make peace with them, would be 
successful, ordered a treaty to be held at Sandusky. In the 
mean time all hostilities with the Indians pending these negoti- 
ations, were necessarily forbade. How hardly and painfully 
this conduct was felt in Kentucky, need scarcely be dwelled 

* Marshall 2—81, 82. 



HISTORY OF KENTUCKY. 221 

upon after the recent distressing details. Nor can its necessity- 
be appreciated, without attentively noticing the deep rooted 
prejudices of the country at large, on the subject of Indian hos- 
tilities. They showed themselves in the dehates of Congress, 
and were too much confirmed by the history of the national 
intercourse with the aborigines in general. Sympathy with 
the interests of a race of men incompatible with the existence 
of our agricultural people, seems to have occupied the people 
east of the mountains, when it had no longer room to operate 
against themselves. No thought then seemed to exist, that the 
same causes of inconsistent states of social existence, prevailed 
on the western side of the mountains, just as they had presented 
themselves on their eastern side, for the preceding century and 
a half. Our people would have gladly abided, for the present, 
with the territorial limit of the Ohio river. This had vainly- 
been said to be "fixed as final,"* at the treaty of Fort Stanwix, 
in 1768, as the boundary between the red and the white people; 
or more properly, between the hunters and the agriculturists. 
But no territorial limit could permanently arrest the ruin of the 
one race, or the progress of the other. The decree of their 
fate was passed by natural causes, which no human exertions 
could counteract. 

The commissioners appointed by the President of the United 
States, now announced, that the Indians would not form a treaty 
of peace. The sincere and persevering benevolence of the 
Government was vindicated ; and the rest was left to the fate 
of arms. General Wayne, who had assembled his troops at 
Fort Washington, received orders early in October, 1793, to 
commence his march towards the Maumee. In pursuance of 
his authority, he had called upon the Government of Kentucky 
for a detachment of mounted volunteers. These, so deep was 
the dislike, and the want of confidence in regular troops among 
the militia of Kentucky, after the disasters of Harmar and St. 

* "And we desire that one article of this, our aKreenient, may be, that vone of the prov- 
inces or tlieir people sliall attempt to invade it, under color of any old deeds, or other pre- 
tences whatsoever: And that no further attempts will he made on oiir lands, 1 ut tliat tJiig 
line be considered ns final:' 'J'he line was the Ohio river, on the south, by certain spe- 
citications, to Wood creek, in the present Stale of New York.— Extract from the treaty of 
Fori Stanwix, from a copy procured iu tJie Library of Congress, by the Hon. R. M. John- 
Eon, for tiie author. 

T2 



222 HISTORY OF KENTUCKY. 

Clair, could not be obtained by volunteering. On the 28th of 
September, the Governor of Kentucky had been compelled by 
this reluctance to order a draft from the militia. The necessary 
re-enforcement was obtained ; and by the 24th of October, Gen- 
eral Scott, at the head of one thousand mounted men, from Ken- 
tucky, reached within four miles of head quarters, then six 
miles in advance of Fort Jeiferson, and eighty miles from the 
Ohio river.* Here the troops rested for several days. The 
Indians were now known to be in great force in the neighbor- 
hood of the Miami villages, eagerly anticipating another de- 
structive victory over their white enemies. The season was 
far advanced in that rigorous climate, and the army not too well 
prepared for the stern and trying conflict with savages, more 
flushed with confidence of conquest than they had ever been, 
without more open co-operation of some European force. This 
was the first campaign the army had prosecuted in the woods; 
in consideration of these united difficulties, the General-in- 
chief most prudently determined to suspend his march, and to 
build Fort Greenville. The regular troops now entered into 
winter quarters, and the Kentucky militia were dismissed, not 
unpleasantly, though with renewed confidence in regular forces, 
owing to the energy and the hardihood displayed by General 
Wayne. 

Early in 1793, the contagion of French attachment manifest- 
ed itself in the United States, by the establishment of the Demo- 
cratic Society in Philadelphia, in too close imitation of the dis- 
organizing clubs which had disseminated anarchy and destruc- 
tion throughout the beautiful kingdom of France. Not that the 
partialities of our countrymen for Frenchmen, or their sympathy 
with the fortunes of France, are to be confounded with the 
crimes against all social order, which deformed the French 
revolution. Many of these they did not know, and much they 
did not credit, coming as it did through English channels, 
a source of information doubly suspicious to our country- 
men, at the time, from the hostilities of England against 
France, and likewise from her exasperating policy towards the 

* Marshall 2—84. 



HISTORY OF* KENTUCKY. 223 

United States. One branch of this course of British measures 
came home most feelingly to the people of Kentucky, who felt 
it raising the Indian tomahawk against them and their helpless 
women and children. Is it then to be wondered at, if amidst 
these causes of aggravation, the Kentuckians felt keenly against 
the English, and as warmly for their enemies, the people of 
France? In addition to this powerful cause of natural excite- 
ment, was to be added the no less agitating sentiment of national 
gratitude for the people who had so signally befriended us in 
the period of our weakness, and when all the power of Great 
Britain was brought to bear on these comparatively infant colo- 
nies. Many of the revolutionary officers who had removed to 
Kentucky, as Scott and Hardin, Anderson and Croghan, Shelby 
and Clark, with numerous followers, had fought side by side 
with the French in our own armies ; and all had fought against 
the British and their auxiliaries, the Indians, in consequence 
of this state of public sentiment, Democratic societies were 
readily established at Georgetown, Paris, and Lexington, on the 
model of the one at Philadelphia. These societies were par- 
ticularly opposed to the course of General Washington's ad- 
ministration, in its foreign as well as domestic policy. 

In regard to the latter, the society at Lexington came to the 
following violent resolution upon the subject of the navigation 
of the Mississippi ;* "that the right of the people on the waters 
of the Mississippi, to the navigation, was undoubted; and that 
it ought to be peremptorily demanded of Spain, by the govern- 
ment of the United States." 

In this state of public feeling, the French minister, Genet, 
about the 1st of November, 1793, sent four persons of the names 
of Le Chaise, Charles Delpeau, Mathurin, and Gignoux, to 
Kentucky, with orders to engage men in an expedition against 
New Orleans, and the Spanish possessions. For this purpose 
they carried with them blank commissions. The Governor was 
soon afterwards informed by the Secretary of State, of this en- 
terprise, and t"that the special interests of Kentucky would be 
particularly committed by such an attempt, as nothing could be 

* Marshall 2—92. tAm, State Paper, 2—36, 



224 HISTORY OF KENTUCKY. 

more inauspicious to them than such a movement, at the very 
moment those interests were under negociation between Spain 
and the United States." 

Such however was the excitement of the pubUc mind on the 
subject of the Mississippi, added to its fevered condition in 
regard to French politics ; that too many persons were ready to 
embrace those foreign proposals to embroil the peace of the 
United States. Two of these emissaries had the audacity to 
address letters to the Governor, informing him in express terms 
of their intention'^ " to join the expedition of the Mississippi," 
and requesting to he informed whether he had "positive orders to 
arrest all citizens inclining to our assistance." To this ignorant 
and presumptuous letter of Delpeau, Governor Shelby conde- 
scended to reply in the words of the Secretary of State, that he 
had" been charged to " take those legal measures necessary to 
prevent any such enterprise," "to which charge I must pay 
that attention, which my present situation obliges me." These 
foreign agents proceeded in their piratical attempt from the 
bosom of a neutral and friendly nation, to raise two thousand 
men under French authority ; and to distribute French commis- 
sions among the citizens of Kentucky; to purchase cannon, 
powder, boats and whatever was deemed necessary for a 
formidable expedition. In an unguarded moment these insinua- 
ting agents of a foreign government, influenced by the same 
mischievous spirit, that had undermined the peace and indepen- 
dence of so many European states, got the better of the exalted 
patriotism, and devoted fidelity of General George Rogers 
Clark ; and prevailed upon him to take command of the expedi- 
tion asf "' a Major General in the armies of France, and com- 
mander in chief of the revolutionary legions on the Mississippi." 
Under this ominous description for an American officer, he 
issued under his own name, proposals " for volunteers for the 
reduction of the Spanish forts on the Mississippi, for opening 
the trade of that river and giving freedom to its inhabitants." 
"All persons serving on the expedition, to be entiled to one 
thousand acres of land, those that engage for one year, will be 

*MarsIiaIl 2—100, tMarshall 2—103. 



HISTORY OF KENTUCKY. 225 

entitled to two thousand ,• if they serve three years, or during the 
present war with France, they will have three thousand acres 
of any nnappropriated land that may he conquered; the officers 
in proportion pay, &.c. as other French troops ; all lawful plunder 
to be equally divided according to the custom of war; those who 
serve the expedition will have their choice of receiving their 
lands, or one dollar per day/' 

Governor St. Clair intimated to Governor Shelby early in 
November, that this commission had been given to Clark with 
other particulars; this communication was followed by one from 
General Wayne, of January 6th, 1794, enclosing his orders 
to Major W. Winston, commanding the United States cavalry in 
Kentucky, which placed that officer and his men under the orders 
of Governor Shelby, and promised " should more force be wan- 
ted, it should not be withheld, upon this interesting occasion, 
notwithstanding our proximity to the combined force of hostile 
Indians." After the receipt of these letters Governor Shelb 
addressed the Secretary of State on the 13th of January, 179 
and after acknowledging the receipt of the information in regard 
to Clark and the French emissaries, proceeded as follows,* "I 
have great doubts even if they (General Clark and the French- 
men) attempt to carry this plan into execution, provided they 
manage their busines with prudence, whether there is any legal 
authority to restrain or to punish them ; at least before they have 
actually accomplished it. For if it is lawful for any one citizen 
of the State to leave it, it is equally so for any number of them 
to do it. It is also lawful for them to carry any quantity of pro- 
visions, arms and ammunition. And if the act is lawful in 
itself, there is nothing but the particular intention with which it 
is done, that can possibly make it unlawful ; but I know of no 
law which infficts a punishment on intention only; or any crite- 
rion by which to decide what would be sufficient evidence of 
that intention, even if it was a proper subject of legal censure." 
This communication precluding any effectual interposition on the 
pj^rt of the governor of Kentucky, the President of the United 
States issued his proclamation on the 24th of March, apprising 

♦American State Papers, vol. 2 p 39. 



226 HISTORY OF KENTUCKY. 

the people of the west, of the unlawful project, and warning them 
of the consequences of engaging in it. About the same time 
General Wayne was ordered to establish a strong military post 
at fort Massac on the Ohio; and to prevent by force if necessary, 
the descent of any hostile party down that river. 

The surprise of the President at the latter communication 
from Gov. Shelby, must have been greatly increased, when he 
contrasted it with the one received from the same public officer, 
dated the 5th of October.* In this prior communication the Gov- 
ernor expressed himself as follows : "I think it my duty to take 
this early opportunity to assure you, that I shall be particularly 
attentive to prevent any attempts of that nature (alluding to the 
French expedition against Louisiana) from this country. I am 
well persuaded, at present, none such is in contemplation in this 
State. The citizens of Kentucky possess too just a sense of the 
obligations they owe the general government, to embark in any 
enterprise that would be so injurious to the United States." 

Early in November, 1793, the Legislature of the State as- 
sembled, but the Governor took no notice, in his address to them, 
nor in the course of the session, of the French enterprise, com- 
municated to him by the Secretary of State, acknowledged by 
the French agents concerned in the unlawful enterprise, and 
which was consummating under his own eyes. But what is 
more extraordinary, the Governor mentioned nothing of the 
Spanish negotiation likewise communicated to him at the same 
time ; which was so interesting to Kentucky, and which would 
have been so well calculated to soothe her excited feelings. 
Though nothing specific had been mentioned, or could consistent- 
ly with such measures have been announced ; still the great and 
merited influence of Governor Shelby might well have been more 
pointedly exerted, to sustain the administration of the illustrious 
Washington, amidst the perplexities of foreign negotiation, and 
of domestic disturbance. Not that the Governor should be sup- 
posed to have stood alone in his sentiments of French sympathy 
and Spanish dislike; for they were the fixed sentiments of the 
West in general ; and were ardently cherished in Kentucky by 

*American State Papers, vol. 2—27. 



HISTORY OF KENTUCKY. 227 

some of her most distinguished citizens. The regret is, that 
the Governor did not bring the weight of liis massy character to 
rally his countrymen around the standard of the Union, which 
he had fought so bravely to maintain, and to recall them from 
their mistaken partialities for a foreign nation. The super- 
seding of Mr. Genet, at the request of the President of the 
United States, and the subsequent disapproval of his acts by the 
French general, produced an abandonment of this last and only 
intrigue of France with the people of Kentucky. 

The Secretary of State on the 29th of March, 1794, replied to 
the Governor's communication, of the 13th of the previous Janu- 
ary, at a length, which most properly places it in the appendix. 
It may be sufiicient to mention, that the Secretary endeavors to 
confute the legal difficulties, which had embarassed the mind of 
the Governor of Kentucky; he then enters into a sketch of the 
negotiations at Madrid, respecting the navigation of the Missis- 
sippi. From this statement it appeared, that as early as 
December, '91, the first verbal overtures of Spain had been 
accepted by the President; and Mr. Short had been associated 
with Mr. Carmichael, the Charge d' Affaires at Madrid, in the 
negotiation. "For many months have our commissioners been 
employed," says the Secretary, "in this important affair at 
Madrid. At this moment they are so employed. The delays, 
which forms may have created, the events of Europe, and other 
considerations, which at this season cannot, with propriety, be 
detailed, dictate a peaceable expectation of the result." 

There are however other views, connected with the above 
transactions, which \^ere entertained by our distinguished and 
patriotic Governor himself. These, historical justice, no less 
than the author's deep respect for the great public services of 
Governor Shelby, impels him to record. He is more eager to do 
this, because this defence, though in part produced by a motion 
of Mr. H. Marshall, is totally omitted by him in his History. 
These views are contained in part in the Governor's message 
of the 15th of November, 1794,* to the House of Representatives 
of Kentucky. In this communication made conformably to a 

tSee Appendix, 



228 HISTORY OF KENTUCKY. 

resolution of the House; the Governor reiterates the doubts of 
his legal authority to comply with the wishes of the General 
Government. "After the most careful examination of the 
subject I was," says he, "doubtful whether under the constitu- 
tion or laws of my country, I possessed powers so extensive as 
those, which I was called upon to exercise. Thus situated, I 
thought it advisable to write the letter No. 5,* in which all the 
infoniiation I had received is fully detailed, my doubts as to 
the extent of my powers carefully stated, and the strongest 
assurances given, that every legal requisition should, on my 
part, be punctually complied with." These doubts the Gover- 
nor considered as confirmed by the passage of an act of Con- 
gress on the 5th of June, 1794, entitled "an act in addition to an 
act, for the punishment of certain crimes against the United 
States." " From the necessity of passing this law, I infer that 
mv doubts as to the criminality of this proposed enterprise were 
well founded; and that until the passage of that law,^the offence 
had not been declared, nor the punishment defined." 

In an address of Governor Shelby to the Freemen of Ken- 
tucky, in July, 1812; just prior to the Gubernatorial election 
of that eventful period, he expresses himself again on this 
subject as follows: "The attention of the General Government 
being thus drawn to the western country, I deemed it a favora- 
ble time to make an impression on their minds of the impor- 
tance of the navigation of the Mississippi, and of the necessity 
of attending to that subject. On that account, and with that 
object, my letter of the 13th of Januar^794, was calculated, 
rather to increase than to diminish t^Rpprehensions of the 
General Government as to the western country. This letter 
had the effect desired. It drew from the Secretary of State ! 
information in relation to the navigation of the Mississippi, and 
satisfied us that the General Government was in good faith pur- 
suing this object of first importance to the people of Kentucky. 
The information thus drawn forth quieted the public mind, and 
restored harmony to the country." The same subject is 
resumed in a letter of Governor Shelby, to General Martin D. 

*Letter of the Governor to the Secretary of State of the 13th January, 1794. 



HISTORY OF KENTUCKY. 229 

Hardin of July 1st, 1812. In this letter the Governor remarks, 
that " there is to be sure some inconsistency in my two letters 
to the Secretary of State of the United States, and I saw it at 
the time, but at the date of the last I saw evidently that the 
whole scheme of La Chaise would fall to the ground without my 
interference, and that the present moment was a fivorable one, 
while the apprehensions of the President were greatly excited, 
to express to him what I knew to be the general sentiments of 
the Kentucky people, relative to the navigation of the Missis- 
sippi and the Spanish Government. Those sentiments had often 
to my knowledge been expressed by way of petition and memo- 
rial to the General Government, and to which no assurance, nor 
any kind of answer had been received ; and I feel an entire 
confidence that my letter of the 13th January, 1794, was the 
sole cause that produced an explanation by the special commis- 
sioner, Colonel James Innes, of the measures that had been 
pursued by our Government towards obtaining for us the 
navigation of the Mississippi ; and although I felt some regret 
that I had for a moment kept the President uneasy, I was 
truly gratified to find that our right to the navigation of that 
river had been v/ell asserted by the President in the negotiations 
carried on at" Madrid, and indeed the minds of every Ken- 
tuckian then settled down in quietness, on a subject that had 
iong caused great solicitude after the attempt of Jay to cede 
away the navigation of that river for 25 or 30 years." 

In addition to these forcible considerations, stamped with 
impressive earnestness, it is due to the memory of Governor 
Shelby to state, that his ideas were fully concurred in by his 
distinguished Secretary, James Brown. This coincidence of 
opinion appears from a letter of the Secretary to the Governor, 
if the 16th of February, 1794. "The information which has 
reached me since the date of my last letter, has induced me to 
to accord with you in opinion as to the result of that enterprise; 
and has fully convinced me that nothing less than a considera- 
ble supply of money will enable the promoters of it to effectuate 
their intentions. I therefore clearly concur with you in the 
sentiment, that it would be, at present, unnecessary to take an\ 

U 



230 HISTORY OF KENTUCKY. 

active measures in the business ; and if unnecessary, it would 
certainly be impolitic to exercise powers of so questionable a 
nature as those which the General Government have adopted, 
and now wish you to exert. 

Indeed it appears to me that good policy will justify the 
Executive of this country, in discovering a certain degree of 
unwillingness to oppose the progress of an enterprise, which haf 
for its object the free navigation of the Mississippi. In their 
deliberation on this interesting subject, Congress has uniformly 
acted under the influence of a local, unjust policy. Instead of 
consulting the interests of every part of the Union, they were 
once on the point of sacrificing all the western waters by an 
unnecessary surrender of their most invaluable right. Although 
that detestable plot could not be effected, yet our right is sus- 
pended and we are deprived of all the advantages which would 
result from the enjoyment of it. The secrecy with which the 
late negotiations are veiled, justifies a suspicion that some 
designs unfriendly to our interests yet exist, and only wait a 
more favorable moment to be carried into effect. Congress 
therefore ought to know, through every possible channel, that 
we are convinced of our wrongs, and conscious of our ability to 
redress them. Such information might call their attention to 
our situation, and give our interests a place in their political 
deliberations. These representations could not be made to 
government at a more favorable juncture. Mortified at finding 
that their conduct towards the powers at war has only served 
to oflfend their allies without soothing their enemies — and ap- 
prehensive that all their abject submissions may fail in procu 
ring them peace with England and Spain, they may be alarmet 
at the idea of our detaching ourselves from the Union at sc 
critical a period. I am therefore happy that, whilst you have 
expressed your devotion to the laws and constitution of the 
Union, you have reminded the government of what is due to us 
as a State, and that power ought not to be assumed for the pun- 
ishment of those whose object is to do what government ough' 
long ago to have done for us." Such is a full and impartia 
statement of this unhappy diflTerence of opinion, at a most exci- 



HISTORY OF KENTUCKY. 231 

ted period of public feeling- between the Father of his country, 
and the pre-eminent Governor of Kentucky. 

After this detail from original documents, exhibiting the sen- 
timents of all the high parties concerned in this interesting 
passage of Kentucky History; the author might well leave 
the subject to the judgment of every reader without expressing 
the state of his own mind. Yet he feels a sentiment of disdain 
at so equivocal a course ; and he freely commits hi^ own conclu- 
sions to the public decision. 

The author thinks the legal difficulties, which embarassed 
the mind of the Governor, cannot be discredited by any candid 
judge; were they less founded, than they so forcibly appear, 
they might still have embarrassed the determination of Governor 
Shelby. The other point which the Governor makes in his 
letter to General Hardin, and which is confirmed by the letter 
of Secretary Brown ; namely, an anxiety to develope the inten- 
tions of the government of the United States in regard to the 
.navigation of the Mississippi, is more difficult to appreciate at 
this day. Yet the public mind of the whole western country, 
was at the times in question, tremblingly alive to this most vital 
interest. Its anxieties had arisen to the most feverish condition; 
as has been frequently mentioned; its citizens were ever 
suspecting a revival of Mr. Jay's fatal proposition, under the 
vail of secret negotiations. Nor was this the only excitement, 
which was stimulating the public feelings, all of which enters 
most strictly into the vindication of the first Shelby adminis- 
tration. 

Attachment to republican institutions, so natural in a free 
people, and gratitude for revolutionary services had consecrated 
the interests and the plans of France in the hearts of too many 
of our countrymen, at the expense of their sober judgment, and 
heir duty to their own country. Americans, like too many of 
.he enlightened friends of freedom in England, like Fox and 
M'Intosh, Erskine and Sheridan, were intoxicated with the 
triumphs of an imaginary freedom in France. Yet the sacred 
name of liberty had never been profaned, to sanction more 
iittrocious tyranny, more exorbitant ambition, or more horrible 



232 * HISTORY OF KENTUCKY. 

crimes than in the republic of France. Yet it was long before 
the delusion disappeared from the minds of our countrymen, 
and at this period it was in the zenith of its influence; the 
prophetic mantle which covered the magnificent Burke, fell upon 
few, and but late, in the mad career of the misnamed French 
republic. Mixed with this sentiment of admiration for a people 
believed to be struggling for their liberty, was a deep indignation, 
(so reasonable in the citizens of the western country,) at t'le 
provoking and oppressive delays of Spanish negotiation. The 
public patience was exhausted, its jealousies were all alive. 
In confirmation of this condition of public feeling in Kentucky, 
the reader is referred to the address of the Democratic Society 
in Lexington.* Well may this fevered state of public sentiment 
have, even insensibly extended itself to the Governor of Ken- 
tucky, ever distinguished through his long and noble career, for 
his love of republican institutions, and for his devotion to the 
interests of his western fellow citizens, so well understood by him. 
These sentiments seem to show themselves in the Governor's 
letter to the Secretary of State of the 13th of January ; where 
he says, "much less would I assume a power to exercise it against 
men, whom I consider as friends and bretheren, (meaning the 
French,) in favor of a man whom I view as an enemy and a 
tyrant, (meaning the King of Spain.) I shall also feel but little 
inclination to take an active part in punishing, or restraining 
any of my fellow citizens for a supposed intention only, to gratify 
the fears of the minister of a prince, who openly withholds from 
us an invaluable right, and who secretly instigates against us a 
most savage and cruel enemy." Still the Governor adds, that 
"whatever may be my private opinions as a man, as a friend to 
libert^lf^n American citizen, and an inhabitant of the western 
waters,! shall at all times hold it as my duty, to perform whatever 
may be constitutionally required of me as. Governor of Kentucky, 
by the President of the United States." Yet this construction 
by the author, is not admitted by the Governor himself; still it is 
believed to be a probable explanation of a state of things, which 
the highly excited feelings of the times scarcely admitted to be 

*See Appendix. 



HISTORY OF KENTUCKY. 233 

seen by those under their influence. In this explanation not a 
shade of censure is intended to be cast upon the motives of 
Governor Shelby; on the contrary, they are most sincerely 
believed to have been full to overflowing of zeal, for what he 
deemed the genuine interests of American freedom, and the 
prosperity of Kentucky. At the same time the impartial justice 
of History extorts the remark, that in the instance of the French 
plot of 1793 and 4, Governor Shelby's zeal was, as the author 
believes, in common with almost all Kentucky, and too large a 
portion of the nation, mistaken in its attachment for the French 
people; and too embittered against the intriguing and procrasti- 
nating Spaniards. At this distance of time, however, the at- 
tempt may be made to limit the degree of foreign attachment, 
and enmity, it might have proved utterly vain, to have endea- 
vored to realize it in practice, at the period in question. Nor 
ought any surprise to be felt, that a Governor of Kentucky 
should have been carried away by the same tide of sentiment 
which had swept half the civilized world, and certainly spared 
no portion of it less than the United States, and especially their 
western section. 

About* the 14th of May, 1794, La Chaise informed the Lex- 
ington society, "that unforeseen events had stopped the march 
of two thousand brave Kentuckians to go, by the strength 
of their arms take from the Spaniards, despotic usurpers, the 
empire of the Mississippi : insure to their country the navigation 
of it; break the chains of the Americans and their brethren ih^^ik 

■■;.:H 

French; hoist up the flag of liberty in the name of the French "' 
republic, and lay the foundation of the prosperity and happiness 
of two nations situate so, and destined by nature to be but one, 
the most happy in the universe." 

This was a period of intense political excitement throughout 
Europe, as well as through the United States ; and in no portion 
of the latter did it rise to a higher degree, than among the 
ardent and excitable people of Kentucky. The adventurous 
spirit and energetic stamp of a conquering and emigrating people, 
communicate themselves to the general character and are dis- 

* Marshall 2—126. 

U2 



234 HISTORY OF KENTUCKY. 

played in the general deportment. Such has sometimes presen- 
ted itself, as a probable solution of the overflowing ardor and 
abounding energy, which are so prominently exhibited in Ken- 
tuckians; and which still mark the descendants of that gallant 
and daring body of men, who conquered the most favorite hunt- 
ing ground of the Indians. In addition to this, a large body 
of revolutionary officers and soldiers had settled in Kentucky, 
and no doubt had, increased the military impulse. With this 
excitability of character, also preserved in no slight degree in 
the parent stock of Virginia, the thrilling events of the French 
revolution, which had arrayed Fox and M'Intosh against Pitt and 
Burke, impressed themselves on the feelings of Kentucky, with 
the utmost power. In this way the great moral volcano of 
France poured its streams of desolating lava on the distant lands 
of Kentucky. France and Frenchmen were identified with all 
the high and hallowed sentiments of liberty and national grati- 
tude J and no wonder the effects on all the relations of society, 
were deep and wide. How mistaken and ill directed, and more- 
over how ill requited was all this enthusiasm of Americans for 
French interests, need not, thank God, be now detailed. Its ut- 
ter overthrow, and with it, all "inveterate antipathies against 
particular nations, and passionate attachment for others," in the 
terms of Washington's sacred farewell to his countrymen, are now 
to be seen in a genuine national pride ; which, while it should not 
be blind to the excellences of other nations, will at all times, in 
Jlpeace and in war, rally round our own country in opposition to 
any other on the earth. 

Under the influence of the national excitement, which then 
Eiarked Kentucky, in common with the rest of this republic, a 
numerous and respectable meeting was held in Lexington on 
the 24th of May, 1794; when resolutions of a most violent char- 
acter were adopted, expressive of unqualified censure upon the 
'^ administration of the great Washington, mixing all the difficulties 
and perplexities attending the Indian war, British outrages and 
Spanish procrastination, in one mass of condemnation. The 
virtuous, the patriotic and enlightened Jay was denounced as an 
enemy to the western country, and finally a convention was 



HlSTOKVr OF KKNTUCKiT. 235 

invited "for the purpose of deliberating on the steps, which will 
be most expedient for the attainment and security of our just 
rights." 

The military defence was particularly inveighed against, 
although no government could have exerted itself more affection- 
ately than that of Washington, under the embarassments of so 
distant and so vulnerable a frontier; with a foreign force stimu- 
lating the enemy within the bosom of the country. Yet, when 
by the light of our own times, the conduct of a war in the same 
region, in the comparative maturity of the government is 
compared with that which was carried on under ten-fold embar- 
rassment; the approval of the administration is irresistible. If 
the government of the United States, with all its strength and 
efficiency, took three campaigns in 1812 and 1813, to defeat the 
Indians, what credit does the administration of Washington not 
deserve in 1794, to have effected the same object in jfowr cam- 
paigns, two of which only were active ones? The complaints 
respecting foreign negotiations might be as effectually answered; 
but it is not material to this history ; suffice it to say, the conven- 
tion could not be brought about with all the powerful incentives, 
which were applied to inflame the public indignation. The 
subject of the excise on distilled spirits, next produced its irrita- 
tions on Kentucky temper; but they never exceeded some hard 
words, and more tricks upon the public officers. The tumults 
of Pennsylvania happily did not extend themselves to Kentucky. 



CHAPTER XIV. 



Wayne's campaiqin of 1794— Indian peace of Greenville— British Treaty of 1794— Spanish 
Treaty of 1795— Spanish Negotiations with Judge Sebastian in 1795"and in 1797— First 
conflict between the court of Appeals and the Legislature. 

General Wayne, who was left in head quarters at Greenville, 
had, in the course of the winter of 1793, re-occupied the battle 
ground of St. Clair, and erected a fort, whiclj he called Reco- 
very. 



SWb HISTORY OF KENTUCKY. 

Still the depredations of the Indians continued; and on the 
10th of February, Lord Dorchester, the Governor General of 
Canada, in a speech addressed to several Indian tribes assembled 
at Quebec, declared to them, that "he* should not be surprised 
if Great Britan and the United States were at war in the course 
of the year; and if so a line must he drawn by the warriors?'' In 
pursuance of this hostile spirit Governor Simcoee stablished a 
military post below the rapids of the Maumee, on its northern 
side, about fifty miles south of Detroit; this flagrant outrage 
upon our territory was suitably noticed by the government, 
without obtaining the withdrawal of the insulting garrison; 
instead of which, it provoked a justification on the part of the 
British Minister of this encroachment upon a nation at peace. 
It was indeed a time of insults and aggressions from both France 
and Great Britian, such, as it is to be trusted, this nation will 
never again experience. The advance of British forts must no 
doubt have greatly encouraged the hostilities of the Indians, 
independent of the actual aids in arms and provisions obtained 
from the British. 

To this must be attributed in some degree an attack in July, 
upon Fort Recovery, by a large body of Indians, who after an 
assault for twenty-four hours with small arms, withdrew. By 
the 26th of July General Scott, accompanied by sixteen hundred 
Kentucky militia, united with the regular army under Gen. 
Wayne, of about the same number. The reluctance to co-operate 
with regular troops had disappeared before the reputation of 
Wayne, propagated by the Kentucky volunteers in the previous 
campaign. The army under General Wayne commenced its 
march to the confluence of the Au Glaize with the Maumee, 
where the richest and most extensive settlements of the 
Indians lay; there he attempted a surprise, by ordering two 
roads to be cut from Greenville to distract the enemy, while he 
marched by neither. This manoeuvre was however defeated by 
the desertion of a degenerate soldier by the name of Newmant, 

♦American State Papers vol. 2—65—73, 
tit bas been conjectured by some officers, that Newman was purposely sent by Wayne 
as sergeant Champ was by Washington durnig the revolutionary war. The suteequent 
unexplained pardon of Newman gives some confirmation to this idea- 



HISTORY OF KENTUCKY. 237 

who gave the Indians intelligence of the approach of the 
army in sufficient time to allow of their evacuating their towns. 
They were accordingly found deserted; while Wayne prosecuted 
his march down the northern side of the Maumee. The enemy 
were now reported, by the scouts, to be encamped in the 
vicinity of the British fort, at the foot of the Rapids, where 
the American army directed its march, after having built 
Fort Deposite, about seven miles from the British garrison. 
On the 20th of August, the march was resumed, in the order 
hitherto pursued. After proceeding about five miles, the com- 
manding General was informed by a messenger from Major 
Price, who led the advance, that he had discovered the enemy; 
their left resting upon the Maumee, and their right extending 
an unknown distance into a thick brush-wood. The army was 
then formed upon the principles previously adopted, to receive 
the enemy in front in two lines; its right resting on the river, 
and its left extending into the wood previously mentioned. 
General Scott was now ordered to repair to Todd's brigade of 
Kentucky volunteers, which had marched on the extreme left 
of the army, and with that brigade to turn the extreme right of 
the enemy, and attack their rear; whilst General Barbee, who, 
with his brigade had formed the rear guard of the army, was 
directed to follow the second line of infantry, to be employed 
as circumstances might require; and the light troops and guards 
in front of the army, being now driven in by the enemy, 
to arrest their progress until the lines of infantry were properly 
formed ; Captain Campbell, who commanded the advance of the 
dragoons, was directed to charge. In the the execution of this 
order, that gallant officer was killed, and his troop driven 
upon the infantry, which being at length formed, were or- 
dered to "advance and charge with trailed arms, and rouse 
the Indians from their coverts, at the point of the bayonet, and 
when tip, to deliver a close and well directed fire on their 
backs, followed by a brisk charge, so as not to give them time 
to load again, or to form their lines." "Such was the impetuosity 
of the charge, by the first line of infantry, that the Indians, 
Canadian militia and volunteers were driven from all their cov- 



238 HISTORY OF KENTUCKY. 

erts, in so short a time, that ahhough every possible exertion was 
used by General Scott and his detachment of the mounted 
volunteers, to gain their proper positions, but part could get up 
in season to participate in the action, the enemy being driven 
in the course of one hour, more than two miles, through 
the thick woods, already mentioned, by less than one half 
their number." "The loss of the enemy was more than 
double that of the Federal army. The woods were strewed 
for a considerable distance with the dead bodies of Indians and 
their white auxiliaries, the latter armed with British muskets 
and bayonets. *Brig. General Wilkinson, who commanded the 
right wing, was, from some personal disagreement between him 
and his commander, ungenerously omitted in the dispatch 
announcing the victory. The army remained for three days 
encamped on the Maumee, in front of the battle-ground, de- 
stroying all the houses and fields of grain, including the house 
and stores "of Col. M'Kee, the British Indian agent, and prin- 
cipal stimulator of the war now existing between the United 
States and the savages." While the American force was thus 
encamped. Major Campbell, who commanded the British fort on 
the Miamis, (as the Maumee was then written,) addressed a letter 
to General Wayne to know in what light he was to view "such 
near approaches," " almost within reach of the guns of a post be- 
longing to his Majesty, the king of Great Britain." To this inso- 
lent demand Wayne replied, that "were you entitled to an answer, 
the most full and satisfactory was announced to you from the muz- 
zles of my small arms yesterday morning, in the action against 
hordes of savages in the vicinity of your fort, which terminated 
• gloriously for the American arms." This was followed by several 
other letters in a tone of proud defiance on the part of the Amer- 
ican officer, concluding in a demand in the name of the President 
of the United States, to withdraw and remove his troops to the 
nearest post occupied by the British at the peace of 1788. 
To this demand it was gallantly answered, that "the post would 
not be abandoned at the summons of any power whatever, until 
orders were received from his superiors, or the fortunes of war 

*See Appendix. 



HISTORY OF KENTUCKY. 239 

should oblige him." Here the correspondence terminated ; and 
every thing within view of the fort, and even under the muzzles 
of the guns, was immediately fired and destroyed. The least 
retaliation for these insults, would in all probability, have pro- 
duced the demolition of this audacious intrusion of a foreign post 
upon our soil in time of peace; the temper of the Kentuckians, 
at that time so exasperated by British aids to the Indians, was 
ripe for any extremities; they were however fortunately avoid- 
ed, more by the prudence of the British officer, than a correspon- 
dent sentiment on the part of the American commander. The 
Indians were shortly afterwards invited to a treaty at Greenville, 
where they made large cessions of territory to the United States, 
including all claims south of the Ohio river, and concluded a 
peace, which was faithfully observed until the war of 1812. 

The legislation of the state now presses itself on the attention 
and in one of its most important bearings, that of the Judiciary ; 
no department of a government of laws, comes home to the fire- 
sides and bosoms of the people so dearly as this ; nor is there one 
whose learning, intelligence and purity ought to be alike above 
a feeling of dependence upon the legislature and of fear of the 
people, whose rights are deposited in their peaceful guardian- 
ship. In the session of 1795, an act passed reciting the burthen- 
some constitution of the court of Appeals, divested it of its 
original jurisdiction in land cases, and estabhshed six district 
courts ; one at Washington in Mason county, a second at Paris, 
a third at Lexington, a fourth at Franklin, a fifth at Danville 
and a sixth at Bairdstown. These courts superseded the 
criminal court of Oyer and Terminer; they were held twice a 
year by two Judges; their jurisdiction embraced all matters* at 
common law, or in chancery arising within their districts, ex- 
cept actions of assault and battery, actions for slander, and 
actions of less value than fifty pounds, "unless in the latter case 
they were against justices of the peace." Another act of the 
next session established a court of Quarter Sessions in each 
county, to be composed of three justices of the peace to be ap- 
pointed for that purpose : while a third act re-constructed the 

•Marshall, vol. 2 p. 55. 



240 HISTORY OF KEXTUCKY. 

county courts, whose judges, like their judicial brethren of the 
Quarter Sessions have been repealed out of authority, by repeal- 
ing the law creating their offices. This legislative control of 
the judges of courts inferior to the court of Appeals, although 
the established construction under the constitution of the United 
States, as well as that of Kentucky, seems unfounded in any 
principle which will not make all the courts equally the crea- 
tures of the legislature. The constitutional description, and the 
tenure of office, are the same; yet the existence of the judges 
is made dependent upon the will of the legislature just with the 
same effect as if the judges held their offices at the pleasure of 
the legislature. The evasion of the constitutional tenure by re- 
pealing the office and thus reaching the officer, who would oth- 
erwise be beyond the reach of the legislature, is too inconsitent 
and too indirect, to be a constitutional argument. 

If the personal ability or learning of the judges is insufficient, 
let them be addressed out of office; but let the independent 
tenure of judicial authority, so indispensible to equal justice, 
remain unimpaired. The principle of legislative control over 
the office, and thus indirectly over the officer, became in the sub- 
sequent history of the state, the root of a most embittered and 
dangerous controversy, respecting its application to the Court of 
Appeals. 

Another branch of legislation, which has occasioned deep 
interest in the State is that connected with titles to land ; which, 
in every civilized community must possess deep and enduring 
importance. On this subject, an act passed at the session of 
1793, giving "further time to the owners of lands to survey the 
same, and for returning plats and certificates to the Register's 
Office." This is the first act of Kentucky supposed to violate 
the compact between her and Virginia, in regard to land titles, 
a controversy which has acquired inexpressible importance at 
every step of its agitation ; and has involved the legislatures, 
the courts and the people in equal concern. The article of the 
compact supposed to be infringed by this act, expresses "that all 
private rights and interests of lands, v/ithin the said district, 
derived from the laws of Virginia, prior to such separation, shall 



HISTORY OF KENTUCKY. 241 

private rights and interests of lands within the said district, de- 
rived from the laws of Virginia, prior to to the separation, shall 
remain valid and secure under the laws of the proposed state, 
and shall be determined by the laws now existing in this state," 
meaning the state of Virginia. The act of Kentucky militating 
with this article, gives the time of one year from the 1st of Jan- 
uary, 1794, to the owners of entries to comply with the requisi- 
tions of the same, during which time, no such entry shall be 
forfeited. 

An important law concerning real estate, early passed the 
legislature of Kentucky. In Virginia, lands had not been sub- 
ject to execution; they were now including "tenements and 
hereditaments in possession, reversion or remainder," subjected 
to this final process. A valuation was, however, to be made, and 
unless the lands would sell for three fourths of this estimate for 
ready money, the defendant might replevy the debt for three 
months. 

The civil list of the session is worth recording for its simpli- 
city and economy, virtues which sadly diminish in the progress 
of government. The governor was to receive j£300, or $1000 
per annum, to be paid quarter j^early; the judges of the court 
of Appeals each £200, or $66Q 66; the judges of the court of 
Oyer and Terminer £30, or $100; Secretary cf State £100, 
or £383 33; Treasurer, Auditor, and Attorney General the 
same. The session of 1793 furnished the first law of appor- 
tionment of representatives under the constitution ; it, however, 
assigned the representation arbitrarily, without determining any 
particular ratio. The number of representatives was forty- 
seven, apportioned as follows : Bourbon five, Clark two, Fayette 
six, Green one, Hardin one, Harrison one, Jefferson two, Lo- 
gan one, Lincoln three, Mercer three, Madison three. Mason 
three. Nelson three, Shelby one, Scott two, Washington two, and 
Woodfoi'd three. 

The population of the State had, at the recent census of 
1790, amounted to 73,677, of which 12,430 were slaves. The 
session of '93 was held at Frankfort, and the public buildings not 
being ready, the legislature assembled in a large framed house, 

X 



242 HISTOHY OF KENTUCKY. 

belonging to Major James Love, at the lower end of the present 
town, on the river bank. The revenues of the state from the 
15th of November 1792, to the same elate in 1793, amounted 
to £4,920 or $16,400 00, and the expenditure to £4921 or 
$16,403 00. 

The year 1795 brought about peace with the Indian tribes to 
the north, at the treaty of Greenville, which, with a similar 
arrangement with the southern Indians in 1793, completed the 
tranquillity of the barbarians on our frontiers. These pacific 
measures, so important to the prosperity of the one party, and 
the existence of the other, were most essentially promoted by 
the British treaty concluded on the 19th of November, 1794, and 
the equally important treaty with Spain, agreed to on the 27th 
of October, 1795. 

In regard to the British treaty, which convulsed this country 
more than any measure since the revolution ; and which requi- 
red all the weight of General Washington's great and beloved 
name to give it the force of law ; no section of the country was 
more'deeply interested than Kentucky. Yet perhaps in no part 
of the Union was it more obnoxious. Its whole contest encoun- 
tered the strong prepossession of the whigs against every thing 
British; and this feeling seems to have prevailed in greater 
bitterness among the people of the southern states, (possibly 
from more intense sufferings in the revolutionary war) than in 
any other portions of the union. Yet now when the passions 
that agitated the country so deeply, and spread the roots of party 
so widely have subsided, the award of sober history must be, 
that the British treaty was dictated by the soundest interests of 
this young and growing country. What else saved our infant 
institutions from the dangerous ordeal of war? What restored 
the western posts, the pledges of western tranquillity, but this 
much abused convention? The military establishments of the 
British on the western frontiers, wore to be surrendered before 
the first day of June, 1796: further than this, Kentucky was not 
particularly interested; but it is due to the reputation of the 
immortal Father of his country, and the statesmen of Kentucky 
who supported his administration in this obnoxious measure, to 



HISTORY OF KENTUCKY. 243 

business of importance, which lie had to communicate concern- 
mention that Mr. Jay informed General Washington in a private 
letter,"^ that "to do more was impossible, further concessions on 
the part of Great Britain, cannot, in my opinion, be obtained;" 
he also added,! "the confidence reposed in your personal charac- 
ter was visible and useful throughout the negotiations." Happy 
most happy was it for the new union and young institutions of 
these states, that they were allowed by this treaty, time sufficient 
to dbtain root; and fortif}'^ themselves in the national affections. 

The other foreign treaty mentioned above, may well be con- 
nected here, for its important bearing on the limits, the trade 
and the peace of Kentucky, though negotiated at a subsequent 
period. To have a clear view of this negotiation it will be 
necessary to revert to the difficulties and obstacles opposed by 
Spain to our western limits and navigation, at the earliest steps 
of our intercourse with her as an independent power. 

It will be recollected how strenuous and artful were the 
attempts of both the branches of the house of Bourbon, to prevent 
the aggrandizement of these states by a liberal boundary, and the 
navigation of the Mississippi. By the stern and uncompromi- 
sing patriotism of John Jay, and the liberal policy of the British 
government, these diplomatic intrigues were defeated, as far as 
related to the treaty of peace with Great Britain; but they were 
long and artfully renev.'ed by Spain on her own account. One 
branch of these diplomatic machinations§ has been already 
noticed in the fruitless overtures of Don Gardoqui, through the 
Hon. John Brown, then a member of the old Congress, to his 
friends in Kentucky, and to the convention of December 1787. 
It now remains to pursue this most persevering of the foreign in- 
tigues which were aitned at the independence and the freedom of 
Kentucky. The new government of the United States, among 
its earliest negotiations abroad, adopted measures for settling the 
subjects of difference between this country and Spain. These at- 
tempts were met by the latter country with alternate encourage- 
ment and neglect, as her affairs with France and Great Britain 
promised a continuance of peace, or threatened to involve her in 

r Jay's Life, vol. 2, p. 235. fMarsliall's W^asliington, vol. 2, p. 2G0, 2d edition. 

^American State papers, vol. 30, p. 1-20. 



244 HISTORY OF KENTUCKY. 

the mortal strife, which was desolating the centre of Europe. 
Our Spanish relations continued in this condition until 1794, 
when on the intimation of the Spanish commissioners, Messrs. 
Viar and Jaudenes, in this country. President Washington deter- 
mined to send Mr. Thomas Pinckney, our minister at London, to 
Madrid, to conclude a treaty at that city. The minister arrived 
there about the last of June, 1795; but did not conclude his nego- 
tiations until after a long appendix to the tantalizing labors of fif- 
teen years, on the 27th of October of the same year. The pur- 
port of this treaty acknowledged our southern limits to the north- 
ernmost part of the thirty-first degree of north latitude; our wes- 
tern, to the middle of the Mississippi, its navigation to the sea, with 
a right of deposit at New Orleans for our produce, during three 
years. Yet amidst these fair prospects of arranging all our differ- 
ences at Madrid, an insidious under plot was formed at New Or- 
leans.* 

In July, 1795, Governor Carondelet dispatched Thomas Power 
to Kentucky, with a letter to Benjamin Sebastian, then a judge 
of our court of Appeals. In this communication he declares, 
that the ''confidence reposed in you by my predecessor, Brigadier 
General Miro, and your former correspondence, have induced 
me to make a communication to you highly interesting to the 
country in which you live, and to Louisiana." He then men- 
tions that the king of Spain was "wilHng to open the navigation 
of the Mississippi to the western country, and desirous to estab- 
lish certain regulations, reciprocally benificial to the commerce 
of both countries." To eflfect these objects, judge Sebastian 
was expected, the Governor says, "to procure agents to be cho- 
sen and fully empowered by the people of your country, to nego- 
tiate with Colonel Gayasoon the subject, at New Madrid, whom 
I shall send there in October next, properly authorized for the 
purpose, with directions to continue at the place or its vicinity, 
"until the arrival of your agents." "Some time in November or 
early in December of this year, judge Innes and William 
Murray received a letter from judge Sebastian requesting them 
to meet him at Colonel Nicholas' house in Mercer county, on 

*.TournaI H. Representatives, 1806, and Wilkinson's memoirs, vol. 2. Appendicis 5 and 45i. 



HISTORY OF KENTUCKY. 245 

ing them all. The gentlemen addressed, went as desired, to 
Colonel Nicholas', and met judge Sebastian there, who submitted 
the letter quoted above; some deliberation ensued, which re- 
sulted in the unanimous opinion of all the gentlemen assem- 
bled, that judge Sebastian should meet Colonel Gayaso, to 
ascertain the real views of the Spanish government in these 
overtures. The judge accordingly descended the Ohio, and 
met the Spanish agent at the mouth of the river: in conse- 
quence of the severity of the weather, the gentlemen agreed to 
go to New Madrid. Here a commercial agreement was par- 
tially approved by Sebastian; but a difference of opinion occur- 
ring between the negotiators, whether any imposts, instead of a 
duty of four per cent, (it had been six per cent, on imports, and 
as much on exports,) should be rxacted upon importations into 
New Orleans, by the way of the river; the negotiators repaired 
to the metropolis, in order to submit the difference of opinion to 
the Governor. This officer, upon learning the nature of the dif- 
ference between the gentlemen acting in this treacherous, and 
on the American side, most insidious negotiation, readily con- 
sented to gratify the Kentucky envoy. It was deferred, on ac- 
count of some pressing business. A few days after this inter- 
view, the Spanish Governor sent for judge Sebastian, and 
informed him that a courier had arrived from Havanna with the 
intelligence, that a treaty had been signed between the United 
States and Spain, which put an end to the business between 
them. Judge Sebastian, after vainly urging the Spanish Gov- 
ernor to close this sub-negotiation, in the expectation that the 
treaty would not be ratified, returned to Kentucky by the Atlan- 
tic ports. 

Several reflections necessarily arise out of this summary of 
the negotiation of 1795: which was preserved secret from the 
government of Kentucky, until voluntarily disclosed by judge 
Innes, in 1806, before a committee of the legislature. The 
first remark that suggests itself on the face of these documents 
is, thit j idge Sobastian had been connected with the Spanish 
government before this time; since Governor Carondelet refers 

to the confidence reposed in him by his preoeeessor. 'io what 

X2 



246 HISTORY OF KENTUCKY. 

extent, and how long, no information exists within the command 
of the author, although he has attempted to investigate the 
earliest ramifications of a plot, now only interesting for its his- 
torical curiosity, and not as an engine of party ambition. This 
negotiation, though terminated so abruptly by Carondelet, con- 
trary to the urgent representations of Sebastian, was again 
renewed by the former officer in 1797- while the territorial line 
was marking between the United States and Spain, on the south. 
It was again effected through the agency of Messrs. Power and 
Sebastian, and in a way to endanger the union and peace of 
these states more flagrantly and openly, than on the former more 
covert attempt. 

In the summer of 1797, Thomas Power again arrived at Lou- 
isville, as the agent of the Governor of Louisiana, and immedi- 
ately communicated a letter to Sebastian, desiring him to lay his 
proposals before Messrs. Innes, Nicholas, and Murray. These 
proposals were no less than to withdraw from the federal union, 
and to form "a government wholly unconnected with that of the 
Atlantic States." To aid these nefarious purposes, in the face 
of a solemn treaty recently negotiated, and to compensate those 
who should consign themselves to infamy by assisting a foreign 
power to dissolve the American union; and to convert its free 
republican states into dependencies on the arbitrary and jealous 
government of Spain, orders for one, or even two hundred 
thousand dollars, "on the royal treasury of New Orleans," were 
offered ; or "if more convenient, these sums were to be conveyed 
at the expense of his Catholic Majesty into this country," and 
held at the disposal of those, who should degrade themselves 
into Spanish conspirators. Fort Massac was pointed out as an 
object proper to be seized at the first declaration of independ- 
ence; and, "the troops of the new government," it was promised, 
"should be furnished," without loss of time, "with 20 field pieces, 
with their carriages, and every necessary appendage, including 
powder, balls, &c., together with a number of small arms and 
ammunition, sufficient to equip the troops which it should be 
judged expedient to raise." The compensation for these free 
offers of money and arms, independent of weakening the United 



HISTORY OF KENTUCKY. 247 

States, was to be obtained in the extension of the northern 
boundary of the possessions to which Spain had so pertinacious- 
ly clung; and which she now so desperately, and for the last 
time, endeavored so treacherously to retain. The northern 
boundary on this side of the Mississippi was to be the Yazoo, as 
established by the British government when in possession of 
the Floridas; and which was, by a secret article in the treaty 
of peace, retained, as the boundary between the United States 
and Floridas, should Great Britain recover them from Spain. 
Eager indeed, must Spain have been to obtain this insignificant 
addition to her boundary, when she could break in upon her 
jealous exclusion of foreigners from her American possessions; 
and promise the Kentuckians, "if they would declare them- 
selves independent of the federal government, and establish one 
of their own, to grant them privileges far more extensive, give 
them a decided preference over the Atlantic States, in her com- 
mercial connections with them; and place them in a situation 
infinitely more advantageous, in every point of view, than that 
in which they would find themselves, were the treaty (meaning 
the treaty between the United States and Spain of '95) to be 
carried into effect." Such were the powerful temptations pre- 
sented by the Spanish government of Louisiana, to some of the 
leading men of Kentucky, in order to seduce them into a de- 
pendency of Spain. These offers were entertained too gravely, 
and rejected with too much tameness for the honor of Kentucky 
patriotism, as will appear from the following detail given by 
judge Innes to the legislative committee previously mentioned. 
After receiving the above communications from Power, Se- 
bastian visited judge Innes, at his seat near Frankfort, and laid 
them before him. The judge immediately observed, ^'that it 
was a dangerous project and ought not to be countenanced ; as 
the western people had now obtained the navigation of the Mis- 
sissippi, by which all their wishes were gratified. Mr. Sebas- 
tian concurred in sentiment, after, it must be observed, this ex- 
plicit declaration of judge Innes, who seems to have given tone 
to the whole transaction. Still as Power desired an answer in 
writing, Sebastian prevailed on Innes to see Colonel Nicholas; 



248 HISTORY OF Kentucky. 

saying, "whatever" they "did, he would concur in." In a few 
days afterwards, Colonel Nicholas was seen by the judge, at 
Lexington, who agreed in opinion with Innes, that the proposal 
"ought to be rejected." The Colonel accordingly wrote an 
answer* to Power's communication, which unequivocally de- 
clared they "would not be concerned in any attempt to separate 
the western country from the United States; that whatever part 
they might at any time be induced to take in the politics of 
their country, that her welfare would be their only inducement, 
and that they would never receive any pecuniary or other re- 
ward for any personal exertions made by them to promote that 
welfare." They added, "that they flattered themselves, that 
every thing concerning the important business of the navigation 
of the Mississippi, would be set right by the governments of the 
two nations; but if this should not be the case, it appeared to 
them, that it must be the policy of Spain to encourage by every 
possible means the free intercourse with the inhabitants of the 
western country; as this will be the most efficient means to con- 
ciliate their good will, and to obtain without hazard, and at re- 
duced prices, those supplies which are indispensably necessary 
to the Spanish government, and its subjects." This reply was 
forwarded to Mr. Sebastian, and communicated by him to Mr. 
Power. 

This transaction must be pronounced a dangerous tampering 
with a foreign power, and contrary to the allegiance of Ameri- 
can citizens. Yet the whole tenor of the conduct of Messrs. 
Innes and Nicholas cannot justify the slightest suspicion of their 
fidelity to the union of the American States, or indifference to 
their liberties. Their character for faithful, devoted friends 
to the freedom and happiness of their country, had ever stood 
high and unimpaired in the confidence of their fellow citizens. 
It is likewise due to the virtues of Judge Innes, to declare, that 
in all the relations of private life, no man was dearer or more 
idolized by the witnesses of his mild, upright, and benevolent 
character. Hisj public career in this country, amidst its earli- 
est difficulties, had always been one of high trust and confi- 

* Dared Lexitiiiton, Sept, 4, 1T97, Rep. Journal, ]?C6. 

t D. Clark's letter to Judge Innes. Palladium, April 7, 1803. 



HISTORY OF KENTUCKY. 249 

dencc, under all the changes of government: he had early been 
appointed judge of the Virginia district court, then attorney 
general, judge of the United States district court for Kentucky; 
a member of the board of war for the western country, and 
president of our first college of electors. In all these responsi- 
ble capacities, the conduct of judge Innes was without reproach, 
and raised him, most deservedly, high in the public esteem, and 
received the repeated thanks of General Washington for the 
discharge of high trusts. Colonel Nicholas has left the reputa- 
tion of an exalted and patriotic statesman In the convention 
of Virginia, assembled to decide upon the ratification of the 
present constitution of the United States, he took a prominent 
and influential part along side such illustrious worthies as 
Wythe, Madison, and Governor Randolph. In the opposition 
to the administration of the elder Adams, he bore an ardent 
share, as exhibited in his celebrated letter to a Virginia friend 
on the alien law. 

In regard to Mr. Sebastian, the other agent in this unhappy 
business, much more is known of his abilities, commanding ad- 
dress, and most courteous, dignified manners, than his devotion to 
popular government. He had, however, received a judgeship 
in the Court of Appeals, at its organization, in 1792. The 
most probable construction of this conference seems to be, that 
Mr. Sebastian was the corrupt instrument of Governor Caron- 
delet, and that he perverted his acknowledged abilities and in- 
timacy with judge Innes, to swerve him from the direct and 
open path of public duty, by listening to proposals from a for- 
eign government, at once derogatory to his duty as a public 
officer of the laws, and his honor as a faithful citizen. Over- 
powering indignation should have flashed Sebastian's own aban- 
donment of his duty, as one of the supreme judges of Kentucky, 
home to his conscience, and instantaneous denunciation to the 
constituted authorities, should, at all hazards, have exposed his 
treachery to his government. 

Thus might the commonwealth have been shielded from 
harboring a traitor and a Spanish pensioner on the highest 
seats in her temple of justice; and at the same time it would 



250 HISTORY OF KENTUCKY. 

have protected the fame of himself and Col. Nicholas from the 
blot of private citizens listening to plans of a foreign Govern- 
ment, destructive to the peace and honor of their country. 
Yet the author is not unaware of the difficulty of denouncing 
friends, even when their conduct is most disapproved ; but 
the merit is enhanced by the difficulty, and duty ought to be 
superior to personal attachment. 

In this Spanish conspiracy, there are three stages and corres- 
pondent degrees of condemnation. The first existed in 1787, 
when Don Gardoqui communicated his overtures to the people 
of Kentucky, to establish a government independent of the rest 
of the confederacy; this, under the ominous and disgraceful con- 
dition of the existing government, might have been laudably en- 
tertained by Kentucky patriots. The second happened in 1795, 
under circumstances of accumulated trial and disappointment to 
the fondest and most indispensable hopes of western prosperity; 
at this time, the Spanish propositions, whatever ultimate views 
were concealed under them, only aimed at an irregular, and so 
far unjustifiable agreement of private citizens with a foreign 
government, for the regulation of western trade. This pro- 
posal, if it, had have been consummated, would, however, have 
amounted to superseding the regular operations of the general 
government in the western commerce; and would have granted 
exclusive commercial favors to the parties in this agreement, 
inconsistent with the equal constitutional rights of the citizens 
of a common country. It would, moreover, have been intro- 
ductive of a foreign influence, dangerous to the liberty and 
peace of the nation. But the third stage of this business, after 
ten years interrupted communications, was the most indefensi- 
ble of all; it was a treacherous and undisguised attempt of 
Spain to dissever this country, in the face of her recent treaty, 
and inconsistent with every thing like the good faith which is 
represented as characteristic of Castilian honor. This intrigue 
of the provincial authorities, in Spanish Louisiana, is no doubt 
to be traced to European politics. 

On* the 19th of August, 1796, France and Spain concluded 

* Pitkin's United States, 2 vol.— page 484-485. 



HISTORY OF KENTUCKY. 251 

a treaty of alliance, offensive and defensive, guarantieing all 
the territories they possessed or should possess. "Soon after 
this, Spain complained to the American government, that the 
British treaty had sacrificed her interests, as well as those of 
France — particularly in abandoning the principle, that free 
ships make free goods — and by enlarging the list of contraband; 
and she made this a ground for delaying the delivery of the 
posts on the Misssissippi, and running the line according to 
the treaty of 1795." In this remonstrance, Spain seems to 
have been influenced by a wish to maintain the interests of 
France in regard to the Floridas and Louisiana, which Mr. 
Munroe mentions, were expected to be obtained by the French 
government; "as well as from an expectation that the western 
people might still be induced to separate themselves from their 
Atlantic brethren." Such expectations might well be enter- 
tained from the exertions of her agents in the United States 
from 1787 to 1797. 

While Sebastian was procuring the answer of Priessrs. [nnes 
and Nicholas to the propositions of the Spanish Governor of 
Louisiana, Power proceeded to the head-quarters of Wilkin- 
son, then at Detroit, with a letter of remonstrance from Caron- 
delet, against taking possession of the military posts on the 
Mississippi, "until it should be ascertained whether, before 
delivery they were to be dismantled." This was his ostensible 
object, his real one has been seen by his communications with 
Sebastian, and by his instructions from the Spanish Governor. 
Power delivered his letter to Wilkinson, but without effecting 
any t!elay, on his part, in the execution of his duty; and the 
former was, contrary to his remonstrances, compelled to return 
by way of Vincennes to Fort Massac, under the escort of 
Captain Shaumburg of the American army. The Governor 
of the north-western territory had orders from the government 
of the United States, (which had got information of this 
insidious mission,) to arrest Power and send him to Philadel- 
phia. Thus terminated the repeated attempts of the Spanish 
Government to wrest the western country from the Union, 
after she had been frustrated in the united efforts of both 



252 HISTORY OF KENTUCKY. 

branches of the House of Bourbon, to exclude these young and 
thriving states from the Mississsippi, at the peace of Paris, in 
1782. 

It is now necessary to retrace the course of events, after the 
first propositions of Power, which have been narrated beyond 
the current time, in order to preserve them unbroken. On the 
assembly of the legislature, in 1795, General Adair introduced 
several resolutions expressive of the sense of the country in 
regard to the navigation of the Mississippi, the delivery of the 
western posts, and the duty on distilled spirits. On the failure 
of the government of the United States to obtain the two fonner 
objects, it was declared "the duty of the Kentucky people to use 
every necessary exertion, on their part, in concert with, and to 
render effectual any other measures which may be adopted 
by the general government for obtaining these interesting 
objects." The resolutions passed both houses; this cordial 
disposition towards the government of the United States was 
farther manifested by the selection of Mr. Humphrey Mar- 
shall, a sagacious statesman, and devoted friend to the Wash- 
ington administration, as a senator of the United States, in 
opposition to the brilliant powers of John Breckenridge. 

At this session an attempt was made to remove George 
Muter and Benjamin Sebastian from the bench of the court 
of Appeals, by an address of two thirds of both houses of 
the legislature. The cause of this delicate interference with 
a hi^h judicial tribunal, arose out of an opinion and decree 
of the court of Appeals, on the subject of claims under cer- 
tificates issued by the commissioners for settlements and pre- 
emptions, in the case of Kenton against McConnell. No 
court could be invested with higher jurisdiction, for their 
duration, than these tribunals appointed to determine the 
claims of the settlers to the lands assigned them by the 
benevolent policy of Virginia, in consideration of actual set- 
tlement or improvement in the country amidst its dangers and 
hardships. Such meritorious titles must naturally have been 
regarded with the fondest affection; won as they had been at 
the hazard of every thing dear to man. When, therefore, the 



HISTORY OF KENTUCKY. 253 

decisions of a court, which were made final, where not caveated 
by the land law of 1779, creating them,- and whose conclusive 
character had been decided by the old District court, were to 
be opened to all the perilous uncertainty, vexation, and expense 
of legal controversy; it was not at all strange, that the people 
and the legislature should be agitated. A memorial was laid 
before the legislature, which brought the matter regularly be- 
fore that body. The House of Representatives determined to 
summon the two judges before them. This was done, and a 
copy of the memorial annexed to the summons was served on 
the two obnoxious judges; Wallace, the third judge, having 
objected to the decree. The former gentlemen addressed the 
Speaker of the House, informing him, that they could find no 
charge against them, that they could or ought to answer; that 
the legality of an adjudication of the court of Appeals, or an 
opinion of any judge thereof, in any cause, could not be pro- 
perly or constitutionally examinable by a single branch of the 
legislature : and they protested against a legislative revision of 
judicial decisions. But they said, justice to the judge, and to 
the independence of the court, demanded that they should be 
proceeded against in the manner pointed out in the constitution, 
in which mode they felt themselves ready to answer any specific 
charge. The House interpreted this letter into a refusal to 
appear before it, and proceeded to act upon a resolution, which 
had been laid upon the table previous to the response of the 
judges, reciting the illegality and prejudicial character of the 
decision; it alleged, that "the opinion and decree are subversive 
of the plainest principles of law and justice, and involve in their 
consequences, the distress and ruin of many of our innocent 
and meritorious citizens." The resolution then goes on to allege 
that the judges "must have done so, either from undue influ- 
ence or want of judgment; as said decree and opinion con- 
travene the decisions of the court of commissioners, who were 
authorised to adjust and settle under the said recited act, 
(meaning the Virginia land act of 1779,) and also contradict 
a former decision of the late Supreme court for the district 
of Kentucky, on a similar point— whence arises a well ground- 



254 HISTORY OF KENTUCKY.' 

ed apprehension that the said George Muter, and Benjamin 
Sebtstian are altogether destitute of that judgment, integrity, 
ani fi.-mriess, which are essential in every judge; but more 
esjjec'ially in judges of the Supreme court; and that there is 
nj security f^r property so long as the said George Muter 
and Benjimin Sebastian continue as judges of the court of 
Api)e lis." The House, then, in consequence of these recitals, 
an.l their power to address the Governor to remove any judge 
for any reasonable cause, which should not be sufficient ground 
for impeachment, determined, by a majority of three votes, 
that this address ought to be made. The subject, however, 
was resumed in the Senate, and a resolution, censuring the 
judges for a decision, which the resolution asserted, "from what 
appears at this time, proceeded from a want of a proper know- 
ledge of law, or some impure motives, that appear to discover 
a want of integrity," passed by a majority of one vote. This 
■was most unconstitutionally transmitted to the other House for 
its action, when the question had fallen from a want of the 
constitutional majority of two-thirds. It passed by the same 
majority, as the first resolution introduced on this subject into 
the House. 

This is, it is believed, the earliest dispute between the 
Legislative and Judicial departments of the state govern- 
ment; which at a more recent period appeared to threaten 
the commonwealth, with anarchy and confusion. Nor ought 
the occasion to pass without remarking, that, however cor- 
rect the legal principles contended for by the Legislature 
may be, and indeed they appear to be very manifest; still 
there is a system of official intimidation, and overawing, 
evidenced by the legislative proceedings, after constitutional 
majorities could not be obtained, which is utterly incon- 
sistent with the constitutional rights of the Judiciary, and 
which, in a popular excitable government like ours, is 
calculated to overthrow all the barriers against tyranny and 
unlawful violence, at the feet of the legislature. The hold 
which the members of this body so justly possess, on the 
affections of their neighbors and friends, with whose bosoms 



HISTORY OF KENTUCKY. 255 

they are in such constant and familiar intercourse; should 
at the same time subject its steps to the vigilant scrutiny 
of the community; that they do not pervert the public 
confidence to the purposes of individual passions, at the 
expense of the public liberties on interests. The judges are 
said to have published "a clamorous appeal to the peo- 
ple in a pamphlet of thirty pages," which the author has 
not been able to procure. The remark proceeds from a 
writer, who, with his acknowledged abilities, bears his re- 
sentments too keenly, to always see the injustice he com- 
mits against his enemies. The overweening influence, 
which Colonel George Nicholas is alledged to have posses- 
sed over the court, excited great jealousy in the public 
mind; nor was this suspicion lessened, by his being counsel 
for McConnel, in this agitated case. 

At the subsequent term, judge Muter joined judge Wal- 
lace, in an opinion favorable to Kenton; and a decree 
directly the reverse of the former one, was made by the 
court; Sebastian adhering to his former sentiments. Thus 
terminated the first controversy between the court of Ap- 
peals and the legislature of Kentucky, in the triumph of 
the latter, though it is firmly believed, in a righteous 
cause. Not that any doubt exists as to the constitutional 
power of the legislature to address the executive for the 
removal of a judge for gross misconception of his duties, 
in the misunderstanding, or misapplication of the laws; for 
this incapacity is one of those very "reasonable causes," 
which is presupposed by the constitution in giving a legis- 
lative Gontrol in addition to the power of impeachment 
This latter check is presumed to be intended to meet the 
moral delinquency of its objects, and not the involuntary, 
though mischievous exertions of their powers. 

At this session an act was passed disqualifying sheriffs 
and their deputies from sitting in either branch of the leg- 
islature, until one year after they shall have made their 
collections of the public revenue, paid them into the public 
treasury, and obtained a quietus from the auditor. The 



256 HISTORY OF KENTUCKY. 

constilutionality of this law creating qualifications for mem- 
bers of the legislature, in addition to those enacted by the 
constitution, may well be doubted; the same objection can- 
not be made to the disqualification of Quarter Session Jus- 
tices, which likewise took place at the same session. This 
was effected by vacating the seats of twelve persons, who 
had been elected to the House of Representatives. At 
this session was communicated by the Governor, the cor- 
respondence which he had held with Colonel James Innes, 
the special messenger employed by the President of the 
United States, on the interesting subject of the negotiations 
with Spain respecting the navigation of the Mississippi. 
"This corespondence had taken place during the preceding 
January, soon after the adjournment of the body for which 
it was intended." It is to be regreted that Governor 
Shelby should not have felt himself at liberty, to have 
laid these communications before the public, in order to 
tranquilize their apprehensions and suspicions. The move- 
ments of Colonel Innes upon a mission of so much im- 
portance to the public peace, and which involved the 
anxious feelings of the western country to so intense a 
degree, seem utterly unexplicable at this day. *The Sen- 
ate of the United States, after resolving that "on the nego- 
tiation now carrying on at Madrid, between the United 
States and Spain, the right of the former to the free navi- 
gation of the Mississippi is well asserted and demonstrated, 
and their claim to its enjoyment is pursued with all the 
assiduity and firmness, which the nature of the subject 
demands," had requested "that the President of the United 
States, would communicate to the Excutive of Kentucky, such 
part of the existing negotiation between the United States 
and Spain, relative to this subject as he may deem advi- 
sable, and consistent with the course of the negotiation." 
A similar vote of approbation passed the House of Repre- 
sentatives. General Washington had, however, two months 
before the request of the Senate communicated the course 

4rMarsbaU'8 W^aBhington, 2d vol. 333, 2d edition. 



HISTORY OF KENTUCKY. 257 

of the government on this exciting matter. When such 
abundant evidence is found in the proceedings of the gov- 
ernment, to shew the anxiety and exertions of the Wash- 
ington administration, to promote and secure the western 
interests; it is painful to reflect on the little credit it re- 
ceived in the public mind of Kentucky, for this enlarged 
and parental policy. It is to be apprehended, that there 
had been too much familiarity with the idea of righting 
themselves without the aid, if not in defiance of their own 
government; to have allowed a fair construction to be placed 
upon the measures of the general government. Indeed it 
is not to be concealed, that Kentucky was a violent anti- 
federal State from the first proposition of the glorious system 
of government, which has advanced this country to such heights 
of happiness and renown. She had in the excess of her 
democratic prejudices, refused her sanction to the new frame 
of government, and she was identified with the opposition 
to all the leading measures of the Washington administration. 
The election of Humphrey Marshall, and his votes were, it 
is believed, the only exceptions to this temper; and now 
instructions were brought forward, to direct him distinctly 
from his colleague, in his vote upon the British treaty, 
which had received the advice and consent of the Senate, 
to a conditional notification during the preceding summer. 
Subsequently, however, the individual instructions to Senator 
Marshall, were amended by inserting the words Senators, in 
conformity to all propriety and official decorum. The treaty, 
however, did not again come before the Senate of the Uni- 
ted States, owing to the ready acceptance of the exception 
proposed by the American government. 

Y2 



258 HISTORY OF KENTUCKY. 



CHAPTER XV. 

Land Laws of Kentucky— Dissatisfaction with the Constitution of 1792— Gov. Garrard— 
John Adams, President of the United States— Occupying claimant law and controversy 
— Seven years' limitation law. 

Another branch of perplexing legislation presented itself this 
session in the vacant lands of the commonwealth southwest of 
Green river, that were ordered to be sold on a credit which 
created a debt from her citizens, embarrassing to the govern- 
ment of Kentucky as long as it existed. The first act secured 
to each housekeeper a pre-emptive right to purchase his land 
at thirty dollars per hundred acres ; the fee simple to be with- 
held until the money was paid. These easy and tempting terms 
rapidly attracted a numerous population from other parts of the 
'^tate to this section of it, where lands were to be had at thirty 
cents per acre. These are declared to have been worth from 
two to four dollars for that quantity. Such tampering with 
public property, contrary to all mercantile principles of supply 
and demand, and laying aside all the wholesome control of 
commercial competition, necessarily gave rise to great land 
speculations, and the arts and impositions which invariably fol- 
low in the train of all such excitements to the cupidity of the 
community. Still, as if these terms were not favorable enough, 
in the year 1797, another act passed, allowing from one to two 
hundred acres to all who should settle in this section of the state 
before the 1st of July, 1798, reside one year and tend two acres 
of corn within a fence. The prices were raised from thirty 
dollars to sixty per hundred acres of first rate land, and forty 
dollars per hundred acres of second rate land. But now no first 
rate lands were to be found for the benefit of the commonwealth, 
however abundantly they might reward private settlers. The land 
was to be forfeited, if it was not paid for within a year from the 
date of the commissioners' certificate; but how could this for- 
feiture be exacted by the commonwealth against a large and 
valuable body of her citizens? The very idea is absurd under 



HISTORY OF KENTUCKY. 259 

a popular government, and it may well be doubted, whether the 
commonwealth deserved to collect debts, which she had by her 
imprudent and improvident legislation tempted her people to 
contract without any regard to their means of discharging them. 
If it were good policy to force the population of the common- 
wealth beyond the natural or efficient demands of her citizens,- 
that is, before their ability to pay what, on free competition, 
should have proved a fair equivalent for the public domain; 
better, ten thousand times better would it have been, to have 
given the lands gratuitously to actual settlers, than to have 
tempted the creation of a body of debtors to the state, possessing 
a large section of the commonwealth, and necessarily thrown 
into conflict with the interests of its powerful but unwieldly 
creditor. But in truth, there is no doubt that the domain of the 
State in the section under notice, has been most improvidently 
wasted. Sound communities are not to be created by such 
forced bounties and legislative whims, in defiance of the natural 
laws of society, prior and paramount to the laws of men. Be- 
cause a legislative body finds itself in possession of a great 
treasure which they are bound to administer for the benefit of 
society, is it fair and just that they should give it away on the 
slightest conditions to those who might want it? Such a scheme 
may, at a superficial glance, appear to be recommended by a 
noble benevolence and humanity, but on a closer examination 
it will be found only deceptive. Could such a distribution of 
lands return like the Jewish jubilees every fifty years, it would 
bring along with it the same periodical derangement of the 
ordinary prices of regular industry, of land and of wages, injuring 
the people by an improvement of the condition oPone portion, at 
the expense of another. To be sensible that these ideas are 
neither strained nor extravagant, let the eflfect of these almost 
gratuitous distributions of land be calculated, upon its value in 
the older settlements of the state,- just as much as the price was 
artificially depressed in the southwest, it must have been 
lowered in the northeast; and what was added in one section of 
the commonwealth, was nearly subtracted in another by the 
arbitrary glutting of the land market, without any regard to the 



260 HISTORY OF KENTUCKY. 

principles of buying and selling, which govern private property. 
These should, for the public good, have governed the manage- 
ment of the valuable domain, now almost entirely alienated 
from the state. The act of this year began the career of an- 
nual indulo-ence or relief, which was trod through all the mazes 
of legislative quackery;* in January, 1798, an act of indulgence, 
or in other words, the Green river bill passed ; in November 
session, 1798, the whole debt was divided into four equal annual 
instalments at lawful interest, except the debts of those who 
claimed under the first act on this subject, which were required 
to be paid in six months. This act was amended in 1799, and 
in eleven days afterwards it received a supplementary act: in 
1800 another act of indulgence passed, and nine days after was 
amended. By a third act of this session, nine years were given 
to the purchasers of the public lands, and the interest was re- 
duced to five per cent. ; in addition to this, every person over 
eighteen years of age, might acquire a right to four hundred 
acres, at twenty dollars per hundred acres, to include his settle- 
ment, which was to be made before his claim could be allowed. 
The county courts were then vested with the power of granting 
the claims, instead of the more cumbrous and less expeditious 
commissioners. The responsibility was now less than ever; 
fictitious purchasers were as acceptable as real, and the com- 
monwealth was again all agog with land jobbing. Now acts of 
relief were prayed against the mistakes of the county courts ; till 
after the usual annual protractions of the land debt, its payment 
was, in 1806, divided into twelve annual instalments of principal 
and interest; the first instalment to be paid on or before the 1st 
of December, 1806. Nor ought the commonwealth to^be un- 
grateful that any time was appointed for the payment of this old 
unconscionable debt of a great land holder, against its poor pri- 
vate purchasers. Indeed it would seem matter of public admi- 
ration and gratitude, that the debtors of the commonwealth con- 
descended to promise either principal or interest, on this side of 
ieternity. 

This strain of remark is certainly indulged in no unfriendly 
* See Marshall 2—178, for a fall analysis of this eystem . 



HISTORY OF KENTUCKY. 261 

feeling to the southwestern section of the state, now so honor- 
able and flourishing a portion of the commonwealth ; but solely 
with a faint hope of exposing the mischievous and corrupting 
tendency of legislation, when it transcends the boundaries of 
experience, and the eternal principles of political justice. The 
injury to the government, though gross in the waste of its treas- 
ures, was inconsiderable, when compared to the corruption of 
public morals and the derangement of regular, efficient industry, 
by these land bounties and distributions. They kindled the same 
deleterious speculative, spirit, which the rise of stocks or any 
other powerful temptations to the avaricious passions of society, 
have ever occasioned. They would produce the same effects 
in any community, that they did in Kentucky, with those who 
rushed from other states to enjoy her misjudged wastefulness. 
Had this great landed estate been sold out upon any reasonable 
conformity to current value, tested as in the sales of the 
United States' lands, by public competition, the disposition 
would have been uncensurable. True it is, large accessions 
were made to the productive population of one portion of the 
state, and as large transfers from other parts of the common- 
wealth ; but this increase might have been effected more soundly 
and more productively to the state, by less hurried and hot-bed 
measures. In this last arrangement, Mr. John Pope lent the 
efficient aid of his excellent mind, in these healing measures, 
which immediately procured something like $200,000 from the 
small purchasers ; and in a few years the payments amounted 
to $700,000. Thus has been terminated a mischievous floating 
interest, ready to be attached to any project which could enlist 
friends sufficient to effect its own favourite and paramount policy 
of relief; and the counsels of the commonwealth were relieved 
from the odious incubus of a debtor interest, too great to be 
controled ; and yet not large enough to maintain an indepen- 
dent footing. During this session discontent began to show 
itself with the constitution of Kentucky; in consequence of 
which a bill was brought into the legislature for taking the sense 
of the people on the question of calling a convention to revise 
the constitution. The iuiuiediate occasion of this dissatisfaction 



262 HISTORY OF KENTUCKY. 

had arisen out of the rejection by the Senate of a bill respecting 
occupying claimants of land, which had passed the House of 
Representatives at the preceding session. This measure had 
attracted the public affections, which were now manifested by 
petitions from several parts of the State in its favor. The aris- 
tocratic character of the senatorial organization and the re- 
moteness of their choice from the people, their appointment of 
the electors themselves, as members of the Senate, and the fil- 
ling of their own vacancies, were exciting public dislike. 

A remarkable bill passed the Senate for selling the public 
lands, south of Green river, to Elisha J. Hall and company, 
for two hundred and fifty thousand dollars, to be paid in short 
instalments; it was, however, rejected in the House of Repre- 
sentatives, by a vote of nineteen to thirteen, to the great 
emolument of the commonwealth, in a pecuniary point of 
view. 

At this session, the Auditor, Treasurer, and Secretary of 
State were required to live at the seat of government. An 
addition to their salaries, raising them to $600 each, and 
also one of $333i to the Governor, making his salary $13334, 
were made this session. The pay of the members of assembly 
was also raised from one dollar to one dollar and a half a day. 
This may be viewed as pretty conclusive proof of the general 
rise of prices in the country; and as no artificial substitutes 
for money then existed in this part of the country, it must 
be attributed to the depreciation of money in the general 
markets of the United States; and the consequent apprecia- 
tion of all the articles of living. In the ensuing May, 1796, 
a general election was held for electors of Governor, and Se- 
nate, as well as for members of the House of Representatives. 
At this election, James Garrard and Benjamin Logan were 
considered as candidates; the former of whom was chosen 
as successor to Isaac Shelby. By this gentleman Harry Toul- 
min was appointed Secretary. There is something liberal 
and honorable in a gentleman, who had been a follower of 
Dr. J. Priestly, in England, and a minister of the Unitarian 
sect of Christians, becoming Secretary of State in Kentuckv. 



HISTORY OF KENTUCKY. 263 

without public resentment. The same gentleman was afterwards 
appointed a United States' Judge in the territory of Alabama. 
So dignified an appointment of a foreign gentleman, either 
implies no little indifference, or great liberality of principle 
in the public feelings of the western country. No gentleman 
could more richly have deserved the latter, than the one 
in question. He was the author of a respectable digest 
of the laws of Kentucky, strongly marked by a discriminating 
and cultivated mind. 

The opening speech of the new Governor, at the November 
session, "congratulated the State upon the condition of peace, 
procured by the directions and exertions of the federal gov- 
ernment, as the instrument of a wise and gracious Provi- 
dence. Add to this, the increase of population; the exten- 
sion of the settlements to the extremities of our territories j 
the flourishing state of agriculture; the increase of improve- 
ments; the establishment of manufactures; a year of the 
greatest plenty, in succession to one of the greatest scarcity, 
with the hopeful prospects opening to agricultural industry 
and commercial enterprise, by means of the late treaty with 
Spain, which has opened the navigation of the Mississippi, 
and a port at Orleans for us; objects long and ardently de- 
sired." 

In addition to these views, so cordial and honorable to the 
federal government, and by no means common in the public 
proceedings of Kentucky; the Governor invited the atten- 
tion of the legislature to the amelioration of the criminal 
code, the state of the revenue laws. The Green river set- 
tlers are said to have paid $13,333i into the public treasury, 
and that the Auditor's statements exhibited a balance of more 
than $36,6063 in favor of the public. Six new counties were 
created this session; and considerable and laborious attempts 
at simplifying and digesting the laws by new statutory enact- 
ments. During this session was passed, "an act establishing 
the court of Appeals;" This, although approved by the Gov- 
elmor, and which, according to the precedents established in 
repeaUng the County Court and Quarter Session system, and 



264 HISTORY OF KENTUCKY. 

choosing new officers, ought to have led to a new appointment 
of judges in the Supreme Court. Nothing was, however, done 
under the law, in regard to the commissions or offices of the 
judges. Whether the attempt to commission new judges of 
this high court, would have been likely to have kindled the 
fierce blaze, which a similar measure has so awfully done, in 
more recent times,- the author is not sufficiently acquainted 
with the temper and spirit of the times to express an opinion. 

He cannot bring his own mind to discriminate between the 
duration of the officers or the tenure of the judges, in any 
of the courts; they all hold alike by the tenure of good be- 
havior; they are all personally appointed by the intervention 
of a statute, which must prescribe their number, fix their com- 
pensation, attach the requisite officers, and in fine, equal- 
ly give all the courts efficiency and life. Where then is 
the ground of discrimination in the constitution? How is one 
court more created by the constitution than another? If there 
cannot, in the nature of things, be more than one Supreme 
Court, still the constitutional mandate does not fix the num- • 
ber of the court, and does not bring the court into exist- 
ence, without the same legislative operation in regard to the 
highest as well as the lowest court in the commonwealth. 
If then the judges of the former would not constitutionally 
follow the fate of their offices, neither did the County Court 
magistrates, the judges of Oyer and Terminer, the district 
judges, nor the circuit judges. The constitutional mantle 
covers all with the same privilege of continuance in office; 
it privileges all, or none. 

The expediency of this legislative interference, particularly 
with the Supreme Court, the author is free to abandon, as 
utterly indefensible, consistent with impartial and unsuspected 
justice, which forms a palladium against oppression of all | 
sorts, checked by the spirit of a free legislature, and that of 
a moral and cultivated people. 

In order to connect the affairs of Kentucky with the general 
government of the Union, it is necessary to remark, that, on 
General Washington's declining a third canvass for the Pres- 



HISTORY 01^ KENTUCKY. 265 

idency, in his affectionate valedictory to his countrymen, 
charged with the profoundest and most affectionate wisdom, 
the public mind principally fluctuated between John Adams, 
the Vice President, and Thomas Jefferson, the late Secretary 
of State ,• both able and distinguished patriotic statesmen of the 
revolution. On counting the electoral votes, it was found, that 
a majority of three votes was in favor of John Adams, as 
President of the United States, for four years from the fourth 
of March, 1797; and the next greatest number of votes being 
m favor of 'I'homas Jefferson, he become, under the original 
constitution. Vice President of the United States. 

Embalmed as these great statesmen now are, in the affec- 
tionate regards of their admiring countrymen, they were look- 
ed upon at the times which are describing, as the respective 
chiefs of the two violent parties into which the people of the 
United States were so intemperateiy and illiberally divided; 
and which were known at the time as the Federalists and 
Democrats or Republicans. The former appellation had ori- 
ginated in the support of the federal union of the States; 
which was most soundly believed to require the additional 
energies contained in the new constitution of 1789. The 
name had, however, by a natural transition, been applied to 
the friends of the measures adopted to put the new system into 
efficient operation. The titles of their antagonists had been 
changed from the former term of anti-federalists, which had 
ceased to be descriptive of the measures or the wishes of the 
party; it now denoted the opponents of the elder Adams. It 
is, however, due to the character of our countrymen, as after- 
wards eloquently expressed by Mr. Jefferson, to say, they 
were all federalists, they were all republicans, that is, in 
the general sense of the terms, independent of their tempo- 
rary and party meaning. The great overwhelming mass 
the nation were equally friends to the union of the States, 
and to the popular, or democratic character of the government, 
so far as the term can properly be applied to our representative 
democracy. The denomination of republican, then, it must 
never be forgotten, was equally applicable to both the great 

Z 



266 HISTORY OF KENTUCKY. 

parties of the times, however they might differ in degree, and 
in the details of administering so popular a government, as that 

of the United States, under its worst possible operation. ., ^ 

It was during this session, that a measure was successfully 
revived, which had annually passed the House of Representa- 
tives since 1794, and which had as invariably been negatived 
in the Senate : it was an "act concerning occupying claimants 
of land." No branch of our legislation, or of our judicial 
administration is more complicated or more intimately con- 
nected with the dearest interests of the commonwealth, than 
that concerning occupying claimants of land. It concerns the 
deepest feelings of the human heart, for the freehold, cultivated 
and adorned as the last resting place of the laborer, and as the 
reward of some affectionate partner, or beloved offspring of that 
connection, when the cares of this life are no more. To these 
ties which fasten so firmly to the human heart, and which bind 
every people to the soil on which they live, and from whose bo- 
som they derive their daily support, there were peculiar sources 
of endearment in the case of the people of Kentucky. They 
had risked their lives in the wilderness; they had lived in the 
constant apprehension of the rifle or tomahawk of the Indian ; 
they had lived without bread and without salt, much less the 
innumerable comforts of civilized life ; they had, many of them, 
lost the dearest friends of their life in the gallant struggle 
which they had maintained with the aborigines; all this they 
had suffered to obtain landed property; and now, when amidst 
a cloud of legal perplexities, new even to the subtle priesthood 
of the law, they were about to lose the fruit of their perils and 
their labors, could any people avoid feeling this painful condition 
to the very bottom of their hearts? Such were the feelings of 
the people of Kentucky, when they found the elder patents 
of Virginia claimants, brought against the actual settlers, and 
improvers under a junior patent. 

The author is not unaware, that he is entering into a 
subject, which has divided the highest tribunals of the law; 
and even the bar of Kentucky, so justly celebrated for its 
acumen on this novel subject of adjudication, under all the 



HISTORY OF KENTUCKY. 267 

peculiarities of the land law of Virginia. Nor can the rea- 
der be more admirably introduced to this complex portion 
of our legal history, than by the following delineation drawn 
by the hand of a master in the petition submitted to the 
Supreme Court of the United States, for a review of the 
case of Green vs. Biddle.* 

What, then, is in popular language the nature of the dis- 
pute between the occupying, and non-occupying claimants 
of lands in Kentucky? This question can only be answered, 
by entering into the nature of our land titles, or interests 
more properly speaking, before they were consummated into 
titles, or complete rights in fee simple. "By the land law 
of Virginia, passed in 1779, for the settlement and sale of 
the unappropriated lands of the commonwealth, any person 
holding a warrant for any quantity of land belonging to 
the commonwealth, might enter in the surveyors' books, the 
boundaries of such lands as he wanted to acquire previous 
> any survey: but he was required "to direct the location 
thereof so specially and precisely^ as that others may be 
enabled with certainty to locate warrants on the adjacent 
residuum." In addition to this description of claim, origi- 
nating in the commonwealth's warrant, was another impor- 
tant class of persons, who claimed rights of settlement or 
pre-emption, as described under the history of the land law 
in its appropriate year. These claimants were required to 
obtain certificates from the commissioners appointed for that 
purpose, as has been mentioned, naming the cause of the 
claim, the number of acres, and "describing as near as 
may be the particular location." Under these brief texts, 
has arisen a system of judicial legislation, fraught with 
subtlety and perplexity; aggravated by the licence and 
multiplicity of surveys by which the territory of Kentucky, 
in the emphatic language of judge Rowan's petition to the 
Supreme court was "encumbered and cursed with a triple 
layer of adversary claims." Under this inheritance of liti- 
gation and uncertainty, was the land to lie idle because no 

* Judge Rowan concurred in by Mr. Clay. 8 vol. Wheaton's Reports. 



268 HISTORY OF KENTUCKY. 

man could ascertain his precise legal right, unless issued by 
the land commissioners ? Should the blood which had been so 
gallantly spilled, the heroic effort which had been so nobly 
made, be all in vain, because the land was vexed with an 
uncertainty of titles? After expelling the Indians, the for- 
ests had to be felled, the wilderness was to be tamed and 
subdued under the hand of civilized man. But who could 
in safety exert this labor; who would risk the prime of his 
life in cultivating and improving the soil, if notwithstanding 
the solemn deed of the government in his hands, the patent 
of the State, he was liable to be turned off the land, the 
State had covenanted to be his; and deprived of all the 
fruit of his cares and his toil? It would have been equiv- 
olent to a sentence of perpetual waste, or of subordinate 
lenacy on the lands of Kentucky. Can it reasonably "be 
supposed" in the breathing language of the petition quo- 
ted above, "that the people of that district, after winning 
the country by conquest, under circumstances of privations, 
hardships and gloom, of which a true narrative would, on 
account of their peculiarity, seem more like romance, than 
history — a gloom not indeed uninterrupted; but when inter- 
rupted, brightened only by the gleams of their own chi- 
valric daring and valorous achievment, that such a people 
would consent to clear up the grounds, erect houses, build 
barns, plant orchards, and make meadows for the sole con- 
venience of those, who had latent rights, and who during 
the war, and while the improvements were making, had 
remained as latent as their rights?" 

To avoid these mischievous consequences the legislature 
of Kentucky early perceived the necessity of interposing its 
guardian authority between the honest bona fide occupant 
of the land, by virtue of a younger patent, and the non- 
occupying patentee of elder date. This was done by a bill 
introduced this session by Mr. Humphrey Marshall, provi- 
ding* "that the occupant of land from which he is evicted, 
or deprived by better title, shall be excused from the pay- 

* Wheaton's Reports, Green vs. Biddle. 



HISTORY OF KENTUCKY. 269 

ment of rents and profits accrued, prior to actual notice of 
the adverse title, provided his possession v/as peaceable, 
and he shows a plain and connected title in law or equity 
deduced from some record. It moreover enacted, that the 
successful claimant should be liable to a judgment against 
him for all valuable and lasting improvements made on the 
land, prior to actual notice of the adverse title, after de- 
ducting from the amount, the damages, which the land has 
sustained by waste or deterioration of the soil by cultiva- 
tion. If the improvements exceeded the value of the land 
in its unimproved state, the claimant shall be allowed the 
privilege of conveying the land to the occupant and re- 
ceiving in return the assessed value of it without the im- 
provements, and thus protect himself against a judgment and 
execution for the value of the improvements. If he should 
decline doing this, the successful claimant was to recover 
possession of his land; but should then pay the estimated 
value of the improvements, and also lose the rents and profits 
accrued before notice of his claim. As to improvements 
made and profits accrued after notice of the adverse title 
the amount of the one shall be deducted from that of the 
other, and the balance added to, or subtracted from the 
estimated value of the improvements made before such no- 
tice, as the nature of the case may require." It is provided 
by a subsequent clause, "that in no case, shall the suc- 
cessful claimant be obliged to pay for improvements made 
after notice, more than is equal to the rents and the pro- 
fits." 

Such is the nature of the great remedial statutes of Ken- 
tucky, intended to protect the agricultural industry of the 
State from the distressing uncertainty which had attached to 
its land titles, growing out of the mischievous system of selling 
claims to land before its boundaries had been surveyed and 
identified. This statute of peace and honest compensation, 
was opposed on its introduction into the legislature by Mr. 
James Hughes, a learned and highly reputable lawyer, then a 
member of the House of Representatives, from the county of 



270 



HISTORY OF KENTUCKY. 



Fayette. He early took the ground, that it was a violation of 
the compact of separation with Virginia, and which having 
declared that the rights and interests of lands derived from 
the laws of Virginia, should be decided by the laws in force 
when the compact was mad^ and this of course, precluded all 
legislation on the subject." To this it was replied by Mr. 
Marshall, "that, upon the gentleman's principles, the compact 
had been already violated, by passing the act of November, 
1792, allowing further time to appoint agents for surveying 
lands, &c.; that indeed, it might be doubted if the law subject- 
ing lands to execution for the payment of debts, was not also 
a violation of the constitution ; for there certainly was no such 
law of Virginia at the date of the compact; and that it did as 
certainly affect private rights and interests of lands derived 
from the laws of Virginia. Nay, our revenue laws go to the 
same description of rights and interests; they are acts of the 
Kentucky legislature ; yet their constitutionality has not been 
questioned. That indeed, if the doctrines of the gentleman 
from Fayette were correct, Kentucky had excluded herself by 
compact, from legislating on the subject of her lands claimed 
under the Virginia laws; then the only laws of origin and 
derivation of claims to lands known in the country. But he 
has mistaken both the character of the bill and the nature of 
the compact. The latter, it is true, confines the decisions on 
conflicting claims, derived from the laws of Virginia, prioi' to 
the separation, to the laws in force at the time of making .the 
compact; while the former, supposing the right to be so ad- 
justed, steps in to adjust not a matter of right or interest, 
existing prior to the separation; nor at all concerning the 
origin or derivation of the parties' rights or interests in the 
land itself; but solely concerning its occupancy, and the 
mutual demands of rents made on the one side, and for im- 
provements made on the land, on the other. Demands which 
may now be settled and adjusted by the Chancellor, where the 
suit is in chancery for the title, which gives him jurisdictio 
of the incidents with the principal matter; but which it is 
understood, can not be adjusted where the proceeding is at 



'i 



HISTORY OF KENTUCKY. 271 

law — as in case of ejectments. Now, the purpose of the bill 
is, to extend the principles to the eviction by ejectment; and 
without exposing the occupant to be turned out of possession 
unremunerated for improving the land, and subject to be sued 
for rents, or driven to a doubtful suit at chancery ; at once to 
afford him a plain, safe, and expeditious mode of adjusting these 
matters, in the court where the judgment of eviction has been 
pronounced; and by the same uniform process, whether the de- 
cision was at law or in chancery. Can not the legislature do 
this? Can it not resolve by law, an equitable principle into a 
statutory provision ? Then neither can it alter any part of the 
common law. Doctrines to which I can not subscribe." This 
measure, whose importance has induced the above abstract of 
remarks in the legislature of that day, passed both Houses; 
in the House of Representatives there were but eight votes 
against its becoming a law. This measure of beneficent policy 
was acquiesced in and apparently approved by all parties. But 
unfortunately, in 1812, this law was further altered by enact- 
ing, that "the claimant may avoid the payment of the value of 
improvements, (whether valuable and lasting or not,) by relin- 
quishing the land to the occupant, and be paid its estimated 
value, in its improved state." Thus, if the claimant elect to 
pay for the value of the improvements, he is to give bond and 
security to pay the same, with interest, at different instalments. 
If he fail to do this, or if the value of the improvements ex- 
ceeds three-fourths of the unimproved lands, an election is 
given to the occupant, to have a judgment entered against the 
claimant for the assessed value of the improvements; or to 
take the land, giving bond and security to pay the value of 
the land, if unimproved, by instalments with interest. But, 
if the claimant is not willing to pay for the improvements, 
and they should exceed three-fourths of the value of the 
unimproved land, the occupant is obliged to give bond and 
security, to pay the assessed value of the land, with interest; 
which if he fail to do, judgment is to be extended against 
him for such value, the claimant releasing his right to the 
land, and giving bond and security to warrant the title. If 



272 HISTORY OF KENTUCKY. 

the value of the improvements does not exceed three-fourths 
of the value of the unimproved lands, then the occupant is 
not bound, (as he is in the former case,) to give bond and 
security to pay the value of the land; but he may claim 
a judgment for the value of his improvements; or take the 
land, giving bond and security, as before mentioned, to pay 
its estimated value. 

The exemption of the occupant from the payment of the rents 
and profits, extends to all such as accrued during his occupancy, 
before judgment rendered against him in the first instance; but 
such as accrue after such judgment, for a term not exceeding 
five years, as also waste and damage, committed by the occu- 
pant after suit brought, are to be deducted from the value of the 
improvements, or the court may render judgment for them 
against the occupant. The amount of such damages, rents, 
profits and waste, and also the value of the improvements, and 
of the land, without the improvements, are to be ascertained by 
commissioners, to be appointed by the court, and who act under 
oath." Under this law "it was made the interest of the party 
in possession under a bad claim, to postpone and put off* a final 
decision, as long as possible; which the rents of the land ena- 
bled him to do. There was no saving of the rents to those who 
had commenced suits under the former law, which entitled them 
to rents if successful, as an offset to improvements made on the 
land." "The necessity of paying for all improvements, how- 
ever useless they might be, or of surrendering the title to the 
land at its woodland price," was deemed a great grievance 
under this new form of the law. These complaints led to the 
famous suit of Green against Biddle, in the Circuit court of 
Kentucky, which upon a division of opinion between the judges, 
produced a reference to the Supreme court of the United 
States, for its opinion upon the constitutionality of the above re- 
cited acts of Kentucky, concerning occupying claimants. Both 
the parties claimed under patents from Virginia, prior to the 
separation of Kentucky from the parent State. The court in 
February, 1821, decided against the constitutionality of these 
acts, "as a violation of the 7th article of the compact with Vir- 



HISTORY OF KENTUCKY. 273 

ginia. On the application of Mr. Henry Clay, as amicus curiae, 
that the certificate to the Circuit court should be withheld, the 
case was continued to the next term for argument. In the en- 
suing session of the legislature, this subject excited deep and 
fixed attention ; and was particularly brought before that body 
by the Governor. The matter was submitted to a committee, of 
which that honest and distinguished statesman, John Pope, was 
chairman, who drew up a dignified and cogent view of this con- 
troversy, so deeply interesting to Kentucky. In this report, it 
was maintained, that "the plain and common sense meaning" of 
the terms private rights and interests of land, used in the com- 
pact, "as it has been understood by the parties, and the people 
generally, is, that those rights and interests of land, derived 
from the laws of Virginia, should be valid and secure under 
Kentucky; and that the laws of Virginia were to furnish the 
rule" for their decisions. Such has been the construction given 
to this article of the compact, by the courts here. "The word 
right is applied in the land law, to both imperfect and complete 
title. Settlement rights and pre-emption rights are mentioned; 
and in the provision respecting caveats, the word right is used 
in reference to a title by entry or patent, because either will 
authorize a caveat. The words right and title, in common par- 
lance, in statutes and in law writers, are often used as synony- 
mous terms. There is no foundation for supposing, that the 
parties to the compact, meant by rights and interests, any thing 
different and distinct from titles. A patent from a State, or the 
general government, is a contract, which the government can 
neither revoke nor impair, according to the decision of the Su- 
preme court, in the case of Peck against Fletcher. A patent is 
a contract for title, so far as the grantor has it, and for all that 
use and enjoyment, which is incident to the ownership of 
property, subject always to those burdens and to that policy, 
which the welfare of the government which protects it, may 
impose. The compact with Virginia, and the compact with 
every patentee, are in effect the same, and the occupying 
claimant laws of Kentucky, if unconstitutional for their viola- 
tion and impairing the value of the Virginia patent, are equally 



274 HISTORY OF KENTUCKY. 

unconstitutional for impairing the patents of Kentucky." "It 
should be remembered that every citizen of a social community 
is identified with its general welfare, and whatever burdens, 
that demands, may be rightfully imposed, unless interdicted by 
some constitutional limitation of power." Another view of this 
subject presents much force ; that the decision of the Supreme 
court of the United States, is in direct opposition to the Su- 
preme court of Kentucky, upon a question of its own local con- 
stitution, which in all comity, and by virtue of the case of Col- 
der and wife against Bull, appertains exclusively to the local 
tribunal. In consequence of this report, the legislature came 
to resolutions affirming the constitutionality and importance 
of the occupymg claimant laws, appointing commissioners to 
open a communication with Virginia, concerning the meaning 
and execution of the compact between that State and Kentucky, 
and finally requesting the said commissioners, to oppose before 
the Supreme court, any attempt to declare void the laws in 
question. By virtue of these resolutions, Messrs. Clay and 
Bibb were appointed commissioners, to execute this important 
trust. They appeared before the legislature of Virginia, as 
well as the Supreme court, and argued the constitutional and 
pactional character of the Kentucky occupying claimant laws, 
with what effect will hereafter be seen. 

It ought to be mentioned in connexion with this part of the 
subject, that at the session of 1821-2, Virginia had deputed 
Watkins Leigh, Esq., as her commissioner to wait on the legis- 
lature of Kentucky, and invite legislative provisions for certain 
military claims arising out of the revolution ; if that should not 
be granted, then to ask of the legislature the organization of a 
board of commissioners, in conformity with the compact between 
the two States, for the purpose of deciding all matters in contro- 
versy between them. To the latter proposition, Kentucky ac- 
ceeded, and on the 5th of June, 1822, Messrs. Clay and Leigh, 
on the part of the two States, entered into an agreement for 
organizing a board of commissioners according to certain con- 
tingent articles; reserving to their respective States, the right 
of ratifying or rejecting them. This ratification was, however, 



HISTORY OF KENTUCKY. 275 

refused by the Senate of Virginia, after it had been fully ex- 
tended by this Commonwealth, and Jacob Burnet, Esq., of Ohio, 
and Hugh L. White, Esq., of Tennessee, had been appointed 
commissioners under the convention upon her part. A result, 
to say the least, little to be expected from a negotiation, soli- 
cited by Virginia herself, when a friendly negotiation might 
have saved the people of Kentucky, the distress and apprehen- 
sion so extensively felt on the subject of these favorite measures 
of peace, and honest compensation for labor, expended under 
the faith of the very acts and records of Virginia. After the 
argument of Messrs. Clay and Bibb, in opposition to Messrs. 
Hardin and Montgomery, before the Supreme court of the 
United States, their judgment was held up till after they had 
learned that Virginia had refused to organize the commission 
contemplated by the compact. This high tribunal then, by the 
opinion of judges Washington, Duval and Story, judge Johnson 
dissentient, judge Marshall not sitting, judge Livingston lying 
ill, as well as judge Todd, decided against the constitutionality 
of both the occupying claimant laws of 1797 and 1812. The 
main argument of the court seems to be, that the acts in question 
conflicted with the provision of the constitution of the United 
States, which prohibits any State from passing any act impairino- 
the obligation of contracts. This reason, with all the deference 
due to this exalted and most able court, whose learning, wisdom 
and purity have shed judicial glory around the republic, and 
conferred new honors on the great profession from which they 
have sprung, is utterly dissented from by repeated decisions of 
the Supreme appellate* court of this state, and not held any 
more as law in Kentucky now, than before the decision in the 
case of Green against Biddle. Our court of Appeals say,t " that 
we should consider ourselves bound by the decisions of the 
Supreme court of the United States, settling a construction of 
the constitution or laws of the United States, in cases where it 
possesses revising jurisdiction over the decisions of this court, 
we shall not pretend to controvert." But " the case of Green 
against Biddle was decided by three only of the seven judges, 

* See Pirtle's Digest, vol, 1—162-3. t Monroe's Reports, 58, BodJey vs. Gaither. 



276 HISTORY OF KENTUCKY. 

who compose the Supreme court of the United States; and 
being the opinion of less than a majority of the judges, cannot 
be considered as having settled any constitutional principle. 
It would not, we apprehend, be considered conclusive in any 
subsequent case that may be brought before it." At the same 
time the court intimated that it did not intend to admit the 
binding force of that opinion of the Supreme court, if it had 
been the unanimous opinion of all the judges composing that 
court. 

There are circumstances connected with the decision of the 
Supreme court of the United States, in the case of Green against 
Biddle, which demand the animadversion of every patriot, and 
are due to the rights and dignity of Kentucky. Upon the ratifi- 
cation of the convention between Messrs. Clay and Leigh, the 
legislature of Kentucky appointed Henry Clay, Esq., and judge 
Rowan, in 1822, to attend as counsel before the tribunal to be 
organized in conformity to the above mentioned convention. 
These gentlemen, upon learning the decision of the Supreme 
court, determined to make one more struggle for the dearest 
interests of the enterprising and unfortunate pioneers of Ken- 
tucky, by a petition for a reconsideration . Accordingly, a com- 
prehensive and able argument was drawn up by judge Rowan 
alone, owing to the other engagements of Mr. Clay, richly im- 
bued with the ardent eloquence adorning that gentleman, and 
which received the commendations of his eminent colleague. 
When judge Rowan attempted to read this petition, on behalf of 
one of the high parties to this confederacy,* " the court would not 
hear it read ; and it was with great apparent reluctance thaf 
judges Washington and Duval agreed to take and read it in 
their chamber. Judge Story would not assent even to that 
measure. Judge Johnson was throughout favorable to the 
application. It was on a subsequent morning overruled." 

On the application, judge Washington observed to judge 
Rowan, that every deliberation had been bestowed on this 
subject, the pride of Kentucky had been heard on it, and 
no new views could be presented. This, it must be observed, 

* Jud'^e Rowan's letter to Gov. Adair. 



HISTORY OF KENTUCKY. 277 

.s too supercilious a spirit to be indulged, on questions in- 
volving the constitutionality of the laws of the States ; which 
of all others are so calculated to convulse the confederacy to 
death. Not that it is meant to disparage the wholesome 
jurisdiction of this high court, the Areopagus of the republic; 
but it is intended to advocate profound caution in discharging 
so invidious, and yet so indispensable a controling power over 
the great political bodies, which compose our federal system. 
Too much delicacy and conciliation of manner, can scarcely 
be exhibited in executing these high prerogatives. Under 
the influence of such opinions, would not the petition cf 
Kentucky, (for so that of her counsel must be considered,) 
have been readily heard and examined; and if the opinion 
of the court had been held up, (supposing it unaltered on a 
subject so peculiarly local,) it would have lost no weight by 
its age; and it would certainly have gained much in the graces 
of an ardent people, whose fields and fire-sides were involved 
in its operation. 

The author may not refrain from enriching his pages with 
some extracts from this petition, so ungraciously received by 
the Supreme court of the United States, yet marked with 
intense investigation, and animated by a profound zeal for 
the interests of Kentucky. 

**Can it be supposed, or presumed, reasonably, that the Dis- 
trict of Kentucky, engaged, at the date of the compact, in its 
tenth years' war with the savages, that occupied the wilderness, 
on its southern, western and northern frontier, itself almost a 
wilderness — a war which had not intermitted during all that 
time, and had been unusually sanguinary, with its settlements 
sparse, and scattered, weak from the paucity and disperse4 
Btate of its population. Not knowing certainly when the war 
would terminate; or with what farther ravages, its progress 
might be marked. Situated, from three to five hundred miles, 
from any efficient source of assistance. Constrained to reiy 
upon its own strength, and resources. Its territory encum- 
bered and cursed with a triple layer cf adversary claims. Can 

•?t be supposed, that a district thus situated ; conscious that it 

2 A 



278 HISTORY OF KENTUCKY. 

needed the strength of increased population, not only to sus- 
tain it in the war in which it was engaged ; but to reduce its 
wilderness land to a state of cultivation, and thereby fur- 
nish the resources necessary to sustain the new government, 
would in the very process of its formation, surrender the 
power, so indispensably necessary, if not to its very existence, 
certainly to its well being and prosperity? It needed the power 
to furnish incentives to emigration and to industry; to silence 
as speedily, as it could be justly done, the litigation in relation 
to its lands, which threatened its repose. Can it be presumed, 
it is again asked, to have consented to part with those powers, 
which, if they were not essential to its sovereignty, were in- 
dispensably so to its condition? 

"It remained, when the Indians should have ])een conquered, 
to subdue the forests of the wilderness. Can it be reasonably 
supposed, that the people of that district, after winning the 
country by conquest, under circumstances of privation, hard- 
ship, and gloom, of which a true narrative would, on account of 
their peculiarity, seem more like romance, than history — a 
gloom not indeed uninterrupted ; but when interrupted, bright- 
ened only by the gleams of their own chivalric daring, and 
valorous achievement; that such a people would consent to 
clear up the grounds, erect houses, build barns, plant orchards 
and make meadows, for the sole convenience of those who had 
latent rights, and who, during the war, and while the improve- 
ments were making, had remained as latent as their rights? 

"The conduct of the State of Kentucky, whatever may have 
been said of it by the misguided or the unprincipled, has been 
high-minded, liberal and indulgent towards non-resident claim- 
^.nts of lands in that State. She indulged them from year to 
year, for six years, to make their surveys, and from year to 
year, for twenty years, to return plats and certificates of sur- 
vey to the Register's office. She repealed her laws against 
champerty so early as the year 1798, in the mistaken view of 
furnishing to them increased facilities of disposing of their 
claims; and in all her laws for the appropriation of vacant 
lands, she declared that every survey or patent which might 



HISTORY OP KENTUCKY. 279 

be obtained under those laws, should be absolutely void, so far 
as it should interfere with a survey made in virtue of a right 
derived from Virginia." 

The mischievous operation of this decision of the land 
titles of Kentucky, has \ieen arrested by two causes; neither 
of which, was anticipated at the time it was given by the Su- 
preme court. The first has been ihe refusal of the Appellate 
court of Kentucky* to be bound by an opinion of the Supreme 
court of the United States, not concurred in by a majority 
of the whole court. The second has been the subsequent 
determination of the Supreme court, unanimously affirming 
the constitutionality of the act of Kentucky, limiting the 
commencement of actions against actual settlers, within seven 
years from its passage ; and its consistency with the compact 
between Virginia and Kentucky. This additional quieting 
measure was passed on the 9th of February, 1809, and its 
constitutionality was affirmed in 1831, in the case of f Hawkins 
et. al. vs. Barneys' lessees. Thus has the poison and the cure 
proceeded from the same source, though the forfeiture of the 
land itself, would seem, to one uninitiated in the mysteries 
of the law, a much more fearful violation of the obligation of 
the contract, contained in a patent for land; than the subjection 
of that same land to a salvage, or per centage for actual im- 
provements, made upon it, in as good faith, as that which gave 
the elder patent. Less than this, could not well be said on a 
subject connecting itself with the sacred freehold, the Dii 
Penates of the State. 

* Littell's Laws, iv. 56. t Peters' Report, .5. 



280 HISTORY OF KENTUCKY. 



CHAPTER XVI. 

Convention — Emancipation of Slaves — Henry Clay — r^^iiitentiary Code — Alien and 
Sedition Laws— Nullification Resolutions of Kentucky in 179S-1799 — Abjuration 
of this doctrine in 3833— Constitution of 1800— Pf^ate of Leeislation— Trade— Election 
of Mr. Jefferson as President of the Ume\l States— Judiciary Repeal— Eepeal of 
the Iiiteniai 'I'axes — Insurance Companj- 

During the year 1797, a partial and irregular vote was 
taken on the question of calling a convention to revise the 
Constitution. By this, the whole number of voters was repre- 
sented as "nine thousand eight hundred and fourteen, and that 
of this number, five thousand four hundred and forty*six were 
for a convention. Of the twenty-one counties, then existing 
in the State, at the time of the general election in May, 1797, 
there were five which made no return of those who voted at 
the election." A bill for taking the sense of the people on the 
assembling of a convention, fell, in the Senate, by a small 
majority. This measure, like most political topics, is said to 
have gathered strength by agitation. 

The aristocratic constitution of the Senate, formerly hinted 
at, became a free topic of public animadversion — its remote 
ness from the choice of the people ; though not more so than 
that of the President and Vice President of the United States 
is, at this moment, under the federal constitution; yet it was 
highly odious to the people. 

The emancipation of slaves, presented another matter of 
ferment and uneasiness. On this delicate point, Mr. Clay, 
who had only come to the State in 1797, took the fearless part 
of advocating a gradual emancipation of slaves, which his 
noble spirit has ever dictated. It was the precursor of that 
illustrious career which he has so honorabh'' run, in supporting 
the wise and pure charities of the "Colonization Society." 
Such are said to have been the principal points of agitation 
among the people; still no decisive popular vote could be 
obtained on the question, at the August election in 1798. 
The result, as before, left several counties unrepresented on 
the matter; seven out of twenty-four of them, did not vote on 



HISTORY OF KENTUCKY. 281 

the question at all, and the total presented, eleven thousand 
eight hundred and fifty three in favor of the convention, and 
eight thousand eight hundred and four against it. A law, 
however, passed this session, for calling a convention on the 
22dJuly, 1799. 

A memorable change in our criminal code was effected 
during the session of 1797-98; it was the abolition of the 
punishment of death, for any offence but that of murder in the 
first degree. This species of crime was defined to consist in 
"murder, which shall be perpetrated by means of poison, or by 
lying-in-wait, or by any other kind of wilful, deliberate and 
premeditated killing ; or which shall be committed in the per- 
petration, or attempt to perpetrate any arson, rape, robbery, or 
burglary." Other kinds of homicide were to be punished with 
confinement in the penitentiary, for not less than five, nor more 
than eighteen years. Other offences were made punishable by 
similar alleviations. 

But while there can be no doubt, that t]ie spirit, in which 
this great revolution in our criminal code originated, was one 
of the purest benevolence; one that has engaged the minds 
and hearts of some of the warmest friends of social order, 
and moral improvement, the Beccarias and the Howards of 
society ; yet there are considerations for the security of the 
innocent and injured, who become the victims of lawless 
passions, v/hich have been too much lost sight of in some 
of our penitentiary systems. Punishment for crime ma)' 
be made so tolerable under the influence of a false and per- 
verted humanity, as to neglect the violated rights of society. 
Feeling for the effects brought upon criminals by their inor- 
dinate passions, may be carried so far as to lose sight of the 
just claims of the innocent. In another point of view, peniten- 
tiaries, according to their management, have in many instances, 
been schools of vice, and sources of augmented corruption, 
instead of institutions of reform; either by their physical or 
moral influences. Tested by any of the principles, which have 
received the sanction of the wisest friends of ameliorated 
legislation on criminal punishments, the author fears the 
2A* 



282 HISTORY OF KENTt'CKr. 

penitentiary of Kentucky will be found to be far short of 
practicable perfection. 

On these points of interesting taw, the friends of humanity 
have been not a little divided. One portion attaching the 
importance of this species of punishment to solitary confine- 
ment exclusively, with or without work; the other to a system 
of rigid, silent labor, but without solitary confinement. The 
models of these respective systems are to be found in the 
Eastern Penitentiary of Philadelphia, for the first system, 
and the Sing-Sing establishment in the State of New-York, 
for the other. * 

In the year 1798, an agitation took place, which has 
scarcely ever been equalled in Kentucky, produced by the 
passage of two acts of Congress, familiarly known as the 
alien and sedition laws. The sentiments of Kentucky were 
never more unanimous than in the condemnation of these 
measures. The Governor, in his first communication to the 
legislature, after their passage, called the attention to these 
measures of that body, by "telling them that they had vested 
the President with high and dangerous powers, and intrenched 
on the prerogatives of the individual States, have created an 
uncommon agitation of mind in different parts of the Union, 
and particularly among the citizens of this commonwealth. ' 
The alien law authorized the President of the United States 
"to order all such aliens as he shall judge dangerous to the 
peace and safety of the United States, or shall have reason- 
able ground to suspect are concerned in treasonable or secret 
machinations against the government thereof, to depart out 
of the territory of the United States." By another section 
the President was authorized to "grant license to any alien 
to remain within the United States for such time as he shall 
judge proper, and at such place as he may designate." In 
addition to these high and arbitrary powers over aliens, 

* The reader, who feels a curiosity to investigate these great moral problems, will 
find them most ably and imiiartially discussed in the "Report of Messrs. G. De Peaumont 
and A.De Toquevillo, on tl-.e Penitentiary system of the United States, to the govern- 
ment of France." It is translated by the learned and sagacious Leiber, the editor of 
the Encyclopedia Americana; accompanied by notes in the usual full and philosophical 
manner of tliis learned German, wlio has honored our country by adopting it. Phil- 
adelphia, 1833, 



HISTORY OF KENTUCKY. 283 

whose nations were at peace with the United States; powers 
so calculated to arouse the jealousies of a people attached 
to their liberties, it was likewise enacted, that should any 
alien return, who h;;d been ordered out of the United States, 
by the President, "unless by his permission, he shall be 
imprisoned so long as in the opinion of the President, the 
public safety may require." 

The sedition law was still more odious than this measure; 
it attempted to protect the official conduct of the different 
branches of the government of the United States, from that 
free and unrestrained discussion, alone worthy of a people 
canvassing the public conduct of their agents. This object 
it effected by holding any person answerable, by fine and 
imprisonment, "who should print, utter, or publish any false, 
scandalous and malicious writing against the government of 
the United States, the President of the United States, or either 
House of Congress, with intent to defame^'' "either of them," or 
"excite against either of them the hatred of the good people 
of the United States." The great objection to this measure 
is, not its subjecting malicious falsities to punishment; but its 
subjection of opinion, however honestly entertained, to fine 
and imprisonment. 

It is not meant by the author to « shield, or apologize for 
the licentiousness of the press, for its wanton impugning the 
motives of public men, and the imputation of its own scan- 
dalous inventions, much less its unprincipled dissemination of 
known falsehoods. All such offences, independent of their 
heinous immorality, their violation of all honorable decorum 
and liberal discussion in lacerating private feelings, are essen- 
tially destructive of the sound and valuable influence of the 
press. It has already impaired the weight which this great 
instrument of intellectual and moral circulation ought to have 
on the community. The frequency of falsehood perplexes the 
discrimination of truth; and the press ceases to be a credible 
witness at the bar of the public. 

But are penal laws the proper instructors for the communi- 
ty in liberality and decorum of political discussion? Can they 



284 HISTORY OF KENTUCKY. 

infuse the moral sensibility and sympathy, which shall cor 
rect the fierce and ferocious effusions of political passiom 
and prejudices? No government or court is competent t( 
exercise, these high attributes of political and critical cen' 
sorship. Opinions are only to be combatted by argument 
and witj they are not to be confounded with matters of fact, 
which may be susceptible of precise testimony and proof. 
These are the regions of mental freedom, which ought to be 
open to the excursions of all minds, untrammeled by fears 
of prosecution. Nor should any intellect be discouraged from 
penetrating these bowers of philosophic meditation, so pro- 
ductive of valuable lessons to society; by apprehensions of 
legal penalties, from the differences of opinion between an 
author and a jury. In confirmation of these remarks, the 
first amendment to the Constitution of the United States de- 
clares, that "Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the fi'ee exercise thereof,- 
or abridging the freedom of speech, or of the press." The 
whole spirit and tenor of this constitutional provision seems 
to prohibit all legislation on these sacred and invidious subjects. 
It was contended, however, that it was a law restraining the 
licentiousness of the press, and that the right of giving the 
truth of a libel in evidence provided by this law, was an 
alleviation of the common law which forbade it. Yet the 
fact of there having been no law of libel or scandalum mag- 
natum, under the federal government, previous to this unfor- 
tunate attempt to establish one, obviously rendered the liberty 
both of speech, and of the press, less than it had been. Thus 
far, in all rational estimation, the law abridged the freedom of 
both. Besides, the liberty of speculative discussion cannot 
safely be discriminated from its licentiousness. No doubt 
these measures originated in a distempered state of public 
feeling, and high party excitement. The passions were in- 
dulged to disgraceful and exasperating extremes, and nearly 
in the same degree on one side as on the other. French and 
British sympathies overwhelmed the feelings, which should 
ever bind fellow countrymen together in a band, superior to 



HISTORY OF KENTUCKY. 285 

partiality for a foreign nation. One party provoked the 
other to extremities, which the cooler feelings of neither would 
sanction. Nor would these unhappy feuds be now referred to, 
were it not to preserve the additional lesson which they so elo- 
quently convey, of the injustice, and the dangers of factions 
to the liberty and prosperity of republics. 

Such were the views which generally actuated the repub- 
licans, as the opponents of President Adams, the elder, de- 
nominated themselves. But names do not alter things, though 
they have a fearful operation amidst the fermentations and 
furies of party. 

The sense of Kentucky, was expressed on these obnoxious 
measures in resolutions, which, with their allied brethren 
adopted by the legislature of Virginia, have become more 
memorable than the unhappy discords, which produced them. 
They have been pressed into the justification of the fatal per- 
version of the constitution, maintained by the South Carolina 
doctrine of nullification. These resolutions, which it has since 
been acknowledged were drafted by Mr. Jefferson,* and com- 
municated by him to Mr. John Breckenridge of Kentucky, 
were intoduced by the latter gentleman on the 8th day of 
November,! into the House of Representatives of Kentucky. 
The essential and important doctrine, conveyed by these reso- 
lutions, independent of their protest against the alien and 
sedition laws was, that the several States composing the Uni- 
ted States of America, are "united by a compact, under the 
style and title of a constitution for the United States, that to 
this compact, each State acceeded, as a State, and is an inte- 
gral party, its co-States forming to itself the other party; that 
the government created by this compact, was not made the 
exclusive or final judge of the extent of the powers dele- 
gated to itself;" "but, that as in all other cases of com- 
pact among parties having no common judge, each party has 
an equal right to judge for itself, as well as of infractions 
as to mode and manner of redress." 

On the 9th, the House resolved itself into a committee of 

* Taylor's Inquiry, p. 174 t Palladium, 13th, 1798 



286 HISTORY OF KENTUCKY. 

the whole, on the state of the Commonwealth, when the resolu- 
tions above mentioned, were moved by Mr. John Brecken- 
ridge of Fayette, seconded by Mr. Johnson.* A brief debate 
arose between Mr. William Murray, from Franklin, and the 
mover: the opposition appears to have been but faint, as far 
as the meagre report of the discussion can aid conjecture. 
Mr. Murray, in the report subsisting, confined himself to de- 
precating an expression of opinion on the part of the legis- 
lature; "where is the clause," he asked, "which has given 
you this censorship — where is the clause which has authori- 
zed you to repeal, or to declare void, the laws of the Uni- 
ted States? If we have been elected by our fellow citizens, 
to watch over the interests of our Commonwealth, shall we 
consume our time — shall we divert our attention from the 
objects for which we were specially sent here, in fabri- 
cating theories of government, and pronouncing void the acts 
of Congress?" After expatiating on the imbecility of the con- 
federation, and the necessity of forming a closer union and 
a more energetic government. "This constitution," he show- 
ed, "was not merely a covenant between integral States, 
but a compact between several individuals composing these 
States. Accordingly, the constitution commences with this 
form of expression : "We, the people of the United States," 
not "we, the thirteen States of America." In another place, 
this distinguished gentleman observes, that "the authority to 
determine that a law is void, is lodged with the judiciary." 
These sentiments, recorded in an obscure provincial news- 
paper, are the more worthy of being preserved, for their cu- 
rious coincidence with the argument of the great orator of 
Massachusetts, in his triumphant vindication of the supre- 
macy of the constitution of the United States, over all 
State laws. On this occasion,! in answer to Mr. Hayne, 
he said : "The gentleman has not shown — it can not be shown, 
that the constitution is a compact between the State govern- 
ments. The constitution itself, in its very front, refutes that 
proposition; it declares that it is ordained and established by 

* The Father of the Hon. R. M. Johnson. t January 6th, 180G. 



HISTORY OF KENTUcKr. 287 

the people of the United Stales." The rerrijvrks of but one 
gentleman in reply to Mr. Murray, are reported, and thev 
are those of Mr. John Breckenridge, the mover: he obser- 
ved, "I consider the co-States to be alone parties to the federal 
compact, and solely authorized to judge in the last resort 
of the power exercised under the compact. Congress being 
not a party, but merely the creature of the compact, and 
subject as to its assumption of power, to the final judgment 
of those by whom, and for whose use, itself and its powers 
were all created." In another passage he says, "If upon 
the representation of the States from whom they derive their 
powers, they should nevertheless attempt to enforce them, 
I hesitate not to declare it as my opinion, that it is then 
the right and duty of the several States, to nullify those 
acts, and protect their citizens from their operation." On 
the same day, the resolutions passed both Houses,* the Sen- 
ate unanimously; and they were approved by the Governor on 
the 16th of November. Important as these resolutions are, 
as having proceeded from the author of the Declaration of 
Independence ; influential as they were in contributing to effect 
a great revolution in the administration of the general gov- 
ernment, they, it must likewise be observed, have had a fatal 
importance in organizing the wretched and delusive miscon- 
struction of the constitution, which has lately infatuated 
some portions of the United States. With these grave and 
interesting aspects, they will therefore be traced through their 
history, to the final disclaimer in our own times, of all such 
doctrines on the part of Kentucky; when she felt free from the 
intoxicating delusions of 1798. These expressions of Ken- 
tucky sentiments on some of the most prominent measures 
of the administration of the elder Adams, on being laid before 
the co-States, agreeably to the direction expressed in the 
9th resolution, produced counter resolutions from all the States 
it is believed, but Virginia. She had echoed the same protest 
drawn by Mr. Madison, more emphatically than any other 

* The final votes in the House were as follows:— nays on the 1st resolution, Murray;, 
2d, Brooke and Murray; Hd, Murray and PoaKe; 4tii, 5th, 6th, 7th, and 8th, Murray; 
9th, Broo!;p, Murray and Poage. — Palladium, No, 13. 1798, 



288 HIiJrORY OF KENTUCKY. 

man, the father of the Federal constitution. Here is the 
cradle of nullification in the resolutions of Messrs. Jefterson 
and Madison. That the pernicious doctrine was knoiuingly 
rocked to growth and strength, by these sages, the author 
can not believe, against the solemn assurance of so chaste 
and virtuous a character as that of President Madison. 

He declares that * '"the tenor of the debates, which were ably 
conducted, and are understood to have been revised for the press 
by most, if not all, of the speakers, discloses no reference what- 
ever, to a constitutional right in an individual Stale, to arrest 
by force, the operation of a law of the United States." "It is 
worthy of remark," he observes, "and explanatory of the 
intentions of the legislature, that the words, ^not law, but 
utterly null and void, and of no force and effect^ v/hich had 
followed in one of the resolutions, the word unconstitutional, 
were struck out hy common consent^ This is unexceptionable 
testimony for the intentions of Virginia; coming, as it does, 
from one of the purest political patriarchs, who was intimately 
conversant with the history of these transactions, now so unex- 
pectedh^ brought under the public scrutiny. It will, however, 
be observed, that the language of Mr. Breckenridge in the 
Kentucky legislature, was unequivocally in favor of passing 
a law to ^'mdlrfy the acts of Congress, and protect their citizens 
from their operation.'" 

On these resolutions being laid before the legislature of the 
other States, counter resolutions were adopted, accompanied by 
counter reports, which it is believed, in the instance of Massa- 
chusetts, was expressed with much asperity. These produced 
the celebrated defence of the resolutions on the part of Virginia, 
by Mr. Madison. This has hitherto been deemed tlie very 
shiboleth and infallible test of immaculate republican fliith, on 
the points involved within their scope; how justly may here- 
after appear. In Kentucky, upon the re-assembling of the 
legislature, on the 14th of November, 1799, the first resolutions 
expressive of the sense of Kentucky, were passed by the house. 
In the Senate, Mr. John Pope attempted to amend them in their 

* Letter to Mr. Everett, Book of the Constitution, p. 87. 



HISTORY OP KENTUCKY. 289 

most obnoxious passage, by moving to strike out the words, 
"that a nullification by those sovereignties, (meaning the indi- 
vidual States,) of all unauthorized acts done under color of that 
instrument, (meaning the constitution of the United States,) is 
the rightful remedy,'''' and inserting the words, ^'the right of re- 
monstrating and protesting against such laws belonged to the 
States." With this amendment, the resolution would have read : 
"That the several states who formed that instrument, being 
sovereign and independent, have the unquestionable right to 
judge of its infraction, and the right of remonstrating and pro- 
testing against such law, belonged, to the States''"' The amend- 
ment was carried in committee, but it was rejected by a majority 
of one, when the committee returned into the house, and the 
words moved to be stricken out by Mr. Pope, were retained. 
The resolutions were approved by Gov. Garrard, and the theory 
of nullification was fixed on Kentucky. But its practical exe- 
cution was far from being approved; so much so, that when 
an attempt was made to convert the fire of the resolutions into 
an act to protect the citizens of this Commonwealth from the 
operation of the alien and sedition laws, by attaching penalties 
for any attempt to enforce them: the bill received its death blow 
in Kentucky, never, we trust, to rise from its polluted tomb, 
until revolution shall again become the only resource, for pre- 
serving the liberty and happiness of the (Commonwealth. 

This sketch would be imperfect, if it did not record the death, 
as it is most devoutly hoped, of this false, dangerous, and uncon- 
stitutional doctrine, and its solemn disavowal by the constituted 
authorities of Kentucky, in their resolutions approved by the 
Governor,* February 2d, 1833. 

The essence of these resolutions is contained in the following 
extract : " That so long as the present constitution remains 
unaltered, the legislative enactments of the constituted authori- 
ties of the United States can only be repealed by the authorities 
that made them ; and if not repealed, can in no wise be finally 

* It is due to the memory of the late amiable and worthy Gov. Breathitt, to mention 
his particular desire expressed to the author, that he would record the solemn protest of 
Kentucky, against this doctrine, so fatal in its tendenciee to the peace and happiness of thto 
great and glorious republic, 

2B 



290 HISTORY OF KENTUCKY. 

and authoritatively abrogated or annulled, than by the sentence 
of the Federal Judiciary, declaring their unconstitutionality; that 
those enactments, subject only to be so repealed or declared 
null, and treaties made by the United States, are supreme laws 
of the land ; that no State of this Union, has any constitutional 
right or power to nullify any such enactment or treaty, or to 
contravene them, or obstruct their execution; that it is the duty 
of the President of the United States, a bounden, solemn duty 
to take care that these enactments and treaties be faithfully 
executed, observed and fulfilled; and we receive with unfeigned 
and cordial approbation, the pledge which the President has 
given to the nation in his late proclamation, that he will perform 
this high and solemn duty." 



CHAPTER XVII. 



Convention of 1799— Essential alterations of the o'd Constitution— New Constitution— 
Spirit of the Laws from Marshall— State of the Kentucky River— New covernnient of 
Kenturky — Chanaes in the state of society— Commercial difficulties — Election of Presi- 
dent Jefferson— Joy of Kentucky— Repeal of the Circuit courts of the United States, 
and of the internal taxes — Insurance Company — Circuit court system. 

No measure of importance suggests itself to the author, at 
this stage of his history, without digressing beyond any neces- 
sity, into the narrative of national affairs, too often forced upon 
the early story of Kentucky; excepting the convention for 
framing a new constitution, in the 7th year of the old one. 

This body assembled on the 22d of July, 1799; it was 
organized by the same number of representatives, which the 
counties were entitled to in the election of the House of 
Representatives, and elected by the ordinary voters; but the 
duration of the body was limited to four months. It pro- 
ceeded to business by choosing Alexander S. Bullitt, a mem- 
ber from the county of Jefferson for its president, and Thomas 
Todd, the veteran clerk of Kentucky, as its clerk. 

No report of the debates of this body, is known to exist; 
although proposals for taking and publishing them, are con- 



HISTORY OF KENTUCKY. 291 

tamed in the newspapers of the day. The various points 
of division can not therefore be stated; but as a substitute 
for this narration, a brief analysis of the important altera- 
tions in the government by the new constitution, will be 
offered. The first radical change is, the constitution of the 
Senate and Executive; the former of which instead of 
being elected by a college of electors, is distributed among 
a certain number of senatorial districts, not less than twenty- 
four, and an additional senator to be chosen for every three 
representatives, which shall be elected above fifty-eight. One 
fourth of this body is renewed every year, so that after the 
first three years, the senators hold their offices for four years. 
The Governor instead of being elected by the same col- 
lege of electors as the Senate, is chosen every four years 
by the voters directly; but instead of possessing the effec- 
tual negative of the old constitution, he is overruled on dis- 
approving a law by a simple majority of all the members 
elected. Thus is the executive responsibility swallowed up 
by the legislature, and the representative of the whole com- 
monwealth, is scarcely capable of exercising any effectual 
check in behalf of the people, over the errors or the mistakes 
incident to all popular bodies; and which are so usefully- 
subjected to the re-examination of the community, as well 
as to that of their representatives, by an efficient veto. At 
present the executive veto is calculated to bring that de- 
partment of the government into contempt, by its imperfect 
powers of withstanding the moral force and the esprit du 
corps, so characteristic of popular bodies. The patronage, 
which the Governor possesses in so simple and economical 
a community, furnishes a very confined and indirect influence. 
Most of the offices within his gift are irremovable at his 
pleasure. With these two essential alterations, the latter 
most indubitably for the worse, the new constitution was 
reported after the labors of twenty-seven days, on the 17th 
of August. It declared the former frame of government to 
be in force until the 1st of June, 1800; when the new 
fundamental law of the State was to go into operation. 



292 HISTORY OF KENTUCKY. 

It is, the author thinks, a matter of regret, that altera- 
tions of our constitution, should not be authorized to be 
submitted by the ordinary legislature whenever two-thirds, 
or other number beyond a bare majority, should think them 
necessary; without prohibiting the assemblage of a conven- 
tion, whenever substantially and unequivocally required by 
the people. A provision like the above, such as is intro- 
duced into the constitution of the United States, is so well 
designed to save the community, from the hazard of sub- 
mitting the whole frame of its fundamental law, to the 
ordeal, often so dangerous, of an unlimited convention. In- 
deed no sound and discreet community, should suffer itself 
to be cajoled or terrified into so perilous a political lottery, 
until the defects and mischiefs of the existing government; 
as well as their remedies are clearly, precisely, and gen- 
erally stated and discussed. 

This session closed the legislature functions under the 
old constitution; after having added six hundred and fifty 
laws to the statute book in eight years, rather more than 
eighty per annum. "Occasional observations having been 
made, with a view to convey an idea to the reader, of 
the character of the session acts, nothing more of the 
kind will be added here. Whovever attends to the subject? 
will be struck with the frequent changes in the courts, and 
in the execution laws; which, if it were possible, should 
be fixed and immutable. The observer of the legislative 
course under the constitution, can but be equally affected, 
by the frequent ocurrence of acts which violate private rights 
to real property, as well by their retro-active effects, as by 
vesting power in one or another, to sell lands belonging 
to infants, as well as those of adults, without their consent. 
Relief, also, of one kind or other, either to private individ- 
uals who should have been left to seek it in a court of 
law, or equity; or to public functionaries, who had violated 
the laws, and ran to the legislature to cover their igno- 
rance or design from the consequences, by legalizing what 
was illegally done, makes a figure in the code; besides 



HISTORY OF KENTUCKY. 293 

those acts of direct interference between creditor and 
debtor, by means of replevy, and otherwise: which taken 
together as a body of evidence, goes to prove great defects 
in the political morality of the law makers, and separately, 
furnishes precedents for every species of irregular and in- 
correct legislation. Not that there are no good laws; there 
are certainly many; for at different times, different moral 
and political feeling have prevailed: but so predominant 
lias been the disposition to change, that but few acts have 
escaped its ignorance, its love, its rage, or its malice." 

Such aro the free criticisms of a scrutinizing observer 
of our laws.* The author does not pretend to sit in judg- 
ment upon a body of legislation, which neither his learning 
nor his experience qualifies him to perform: yet he has seen 
► much within his own circumscribed sphere of remark, to justify 
this reproof of an experienced statesman. It is republished 
and commended to the attention of our future legislators, in 
the fond hope, that where the reproach upon our government 
is merited, they will exert themselves, until it is utterly re- 
moved from the proud escutcheon of Kentucky. 

During the session just recounted,! a survey of the Kentucky 
river, from Frankfort to its mouth, by Martin Hawkins, was 
communicated to the legislature. It exhibited a fall of forty-nine 
feet and four inches, in an extent of four thousand five hundred 
and fifty yards; broken into eighteen different falls of unequal 
length. An estimate of the expense necessary to make each of 
them navigable, amounted to nine hundred and twenty dollars. 
At the same time it was suggested that ten thousand dollars 
would remove all obstructions to the navigation of the river 
throughout its whole extent: and that there were persons ready 
to undertake the work, at a thousand dollars a year, and receive 
their pay in land, at fifty dollars a hundred acres. These pro- 
posals, tempting as they appear at this day, and particularly 
when the public lands of the State have been sold from forty 
to twenty dollars per hundred acres, were rejected. 

On the first day of June, 1800, the new constitution went 

* Humphrey MarBhall, Esq. t Marshall 2.317. 

2B* 



294 HISTORY OF KENTUCKY. 

into operation, ''without even an emotion, much less commo- 
tion," as it has been rather quaintly remarked. It is at least 
evidence of a contented slate of society, free from the agita- 
tions, which have so frequently and so painfully convulsed 
the State, and destroyed the harmony of its social intercourse. 
No better evidence of the public tranquillity can be given, 
than that the same Governor, who had presided over the Com- 
monwealth under the old constitution, received the suffrages 
of the people for the same office, under the new frame of gov- 
ernment. James Garrard was chosen Governor, and Alexan- 
der S. Bullitt, the old and respected President of the Senate, 
and of the convention, was elected Lieutenant Governor; an 
office which did not literally exist under the former constitu- 
tion; though its provisional duty was to be discharged by the 
Speaker of the Senate, which is the only extraordinary duty 
of the existing Lieutenant Governor. 

It has been remarked, that about this time the changes in 
the wealth and property of society in Kentucky began to be 
more strikingly obvious. The distance between the extremes 
of property became more marked. Such are the inevitable 
operations of unequal exertions, talents, and opportunities in 
any community; where industry and enterprise are, as they 
ought to be, free to exert themselves, and where they are secured 
in their acquisitions, when they have made them. Nor can there 
be a doctrine more fatal to the prosperity of well ordered society, 
than any outcry of aristocracy, which, under a false and pre- 
tended denunciation of wealth, whether directly or indirectly 
the reward of merit, undermines the security and the reputa- 
bleness of property, which are the very roots of the greatest 
social blessings. No person is readier than the author, to dis- 
dain and despise the airs and liberties of the merely purse- 
proud; yet the proper object of contempt is, not the property, 
or its fruits, which they possess. They are consecrated by the 
laws and the eternal interests of civilized society, of which 
they form the life and value. But the true point of indignation, 
and the just mark of scorn is, the littleness of soul, which 
estimates man, who ought to be the rich epitome of mind and 



HISTORY OF KENTUCKY. 295 

of virtues, below the money which he may, or may not have 
procured. The hue and cry of aristocracy against the re- 
wards of industrious enterprise, or its descendants, ought to 
be suspected and frowned upon by an orderly and an intelli- 
gent people, who wish to preserve the foundations of the social 
fabric uninjured; and to maintain that decent and temperate 
love of property, without which, liberty would have little to 
struggle for, and less to enjoy. Yet the badge of aristocrat, 
which so easily fastens to a prosperous man, not too courteous 
in his manners, or remarkable for his conciliatory demeanor, 
soon consigns him to perpetual obscurity; it is the ostracism of 
Kentucky, perhaps of the United States, without any removal 
from the soil. 

Difficulties now began to be felt in the want of a circulating 
medium, and the inadequacy of the exports of the. State, to 
pay for its imports. Frequent as those complaints used to be in 
Kentucky, owing to her interior situation so remote from the mar- 
ket of her consumer, as well as from the supplies of her own 
consumption; they now ascended from the circles of private con- 
versation into the grave communications of the executive magis- 
trate to the legislature of the State. In the speech of the Gov- 
ernor, at the opening of the session of 1800, after complaining of 
the deficiencies in the public revenue, the governor attributes 
them and the public condition '^almost destitute of specie^'' "to 
our local situation, but more especially to the nature and system 
of our trade." The remedies which he suggests for these 
evils will appear strange in this day of more enlightened 
political economy. "Nor can I," says the Governor, "discern 
any probable prospect of a change for the better, until our 
dependence on other countries is lessened, and until we supply 
those wants, which are indispensable, through channels, which 
will admit of an exchange of commodities, mutually advan- 
tageous to the parties." In another passage he says, "Policy 
and interest therefore invite us to turn our commercial views 
to this channel," meaning that of the Ohio, Mississippi, and 
their tributary streams. For this purpose, the Governor sug- 
gests the importance of "giving premiums on importations by 



296 HISTORY OF KENTUCKY. 

the way of the Mississippi, as would at least call their atten- 
tion," that is, the attention of the merchants, "to that essential 
channel of our foreign intercourse." The object was patriotic, 
the means of effecting it, any thing but wise or effectual. The 
main source of domestic embarrassment, was excessive con- 
sumption of foreign goods beyond the effectual demand ; that is, 
the means to pay for them. Whether this merchandise had 
come by the way of New Orleans, or of Philadelphia, the 
domestic means of payment in Kentucky, must have been the 
same. A mere change in the channel of trade, without an 
increase of its profits, would have added no greater ability to 
the consumer of foreign goods to pay for them. A million 
of dollars invested in the produce of Kentucky, which might 
be exchanged in the ports of Louisiana, would have given no 
more additional resources to Kentucky, than if the same pro- 
duce had been sold in New Orleans, and its proceeds converted 
into the merchandise of New York or Philadelphia. Could 
the investment have been more profitably made under the 
imperfect navigation of the time, at New Orleans, than in 
Philadelphia, the western merchant would have had a higher 
inducement, and a more powerful motive to effect it, than any 
legislative premiums which Kentucky could offer him. Eagle- 
eyed interest may be much more securely relied upon to keep 
awake, and to watch over its own welfare, than the most be- 
nevolent sages, that ever attempted the mischievous and im- 
practicable task of aiding or superseding its vigilant offices. 

Connected with these mistaken visions about our trade, was 
another error, which long haunted the public mind, and was, 
indeed, at the bottom of the former dissatisfaction. It was the 
drain of specie by our eastern trade. This was a topic of ani- 
mated and frequent denunciation. In the troublesome and 
dangerous exportation of gold and silver, which the merchant 
always so gladly avoided whenever he could, the economists of 
Kentucky, like too many in older communities, saw the most 
pernicious subtraction of the public wealth. It has, indeed, 
taken long to convince the cabinets and legislatures of the 
world, nor is the work yet fully completed, that gold and silver, 



HISTORY OF KENTUCKY. 297 

however truly valuable in themselves, are only so, for commer- 
cial purposes, — to effect the exchanges of society by measuring 
their value, and by intrinsic value to avoid the clumsy processes 
of circuitous barter. They come and go with all the valuables 
in the markets of the commercial world, which they so conve- 
niently represent; and they are to be procured whenever and 
wherever a fair equivalent in market can be offered for them. 
No community need concern itself more with the supply of its 
gold and silver, than with its iron ware, (to use the illustration 
of the great master of political economy,*) or any other of its 
demands. 

To be able to buy, or, in other words, to give an equivalent 
in market, is alone sufficient to obtain a supply under ordinary 
circumstances of trade. Let the laws compel the payment of 
all debts by honest and fair equivalents in gold and silver; and 
private interest will relieve the legislator from all his superflu- 
ous apprehensions about the supply of money, which he can 
only gratify by disregarding the natural laws of trade and of 
social intercourse. 

No other event occurs, particularly interesting, until the 
year 1800; when the election for the fourth presidency came 
on. The principal antagonists were, the then incumbent, 
the elder Adams, and Thomas Jefferson, the respective favor- 
ites of the two great opposing parties of federalists and republi- 
cans, in the temporary and party sense of those exalted names. 
These denominations were synonymous with the advocates, and 
opponents, of the administration of President Adams. In Ken- 
tucky the latter were the great mass of the people with singular 
unanimity ; they supported Mr. Jefferson with enthusiasm. The 
times were those of high wrought excitement; and the respec- 
tive merits of France and of England were, on every occasion, 
interfering with the affections and the duties of Americans to 
their own country. Long since, these foreign partialities have, 
most happily for our countrymen, become absorbed in their own 
national attachments: never, it is most fervently hoped, will 
they be revived, to disgrace and to injure this republic. The 
* Smith's Wealth of Nations. 



298 HISTORY OF KENTUCKY. 

plurality of the electoral votes was in favor of Messrs. Jefferson 
and Burr; and after a convulsive struggle of parties, which threa- 
tened to suspend the constitution, or involve the country in civil 
war, a majority was given to Mr. Jefferson for President, to the 
most lively delight of his friends. American feelings were, on 
this occasion, transported to an extravagance of sensibility, 
which is generally deemed more characteristic of the south of 
Europe, than of the stock of grave and staid old England. No 
part of the United States partook of these feelings of animated 
joy more deeply than Kentucky. Her character has ever been 
impetuous and ardent; and when her favorite statesman was 
at length elevated to the chief magistracy of the republic, her 
sensibilities gushed over with a fervor more allied to religious 
devotion, than to political joy. 

Some peculiar circumstances contributed to this excessive 
triumph. Mr. Jefferson was a Virginian; and the Kentuckians 
had generally been Virginians. The new President had been 
the Governor of Virginia when it included Kentucky; he had 
ever been viewed as the decided friend of the western country; 
and he possessed the more mystical fame of a philosopher. 

The first measures of President Jefferson's administration, 
which bore immediately on Kentucky, were, the repeal of the 
Circuit court system of the United States, and of the internal 
taxes. 

No measure of the presidency was canvassed with greater 
ability and zeal, than this judiciary repeal; none trenched, in 
the opinion of able constitutional expositors, so palpably on the 
tenure of judicial office. Instead of this being during good 
behavior, as provided by the constitution, it became dependent 
upon the legislative existence of the office, whatever the official 
behavior might be. This construction sanctions the inconsis- 
tency, that a bare majority may remove a judge from office by 
repealing his office, although a majority of two thirds is required 
to remove him from that office for misbehavior. The country 
at large, and particularly Kentucky, have settled on the con- 
stitutional construction, which places the courts, with their 
judges, which are inferior to the Supreme court, at the discre- 



HISTORY OF KENTUCKY. 299 

tion of the legislature ; but reserves the Supreme court, with its 
judges, as independent of ordinary authority. 

The law establishing a United States' Circuit court for Ken- 
tucky was repealed; and Judge M'Clung was also repealed out 
of office, in company with his judicial brethren. 

Although distinct Circuit courts may have been premature at 
the time of their creation ; yet, as a system, it has since been 
urgently called for, particularly in the western country. It 
was, however, a most unhappy and illiberal course of policy, to 
pass so radical a change in the fundamental organization of 
the government; at the close of an administration, which had 
incurred the national displeasure. This was aggravated by 
filling all the vacancies with members of the defeated party. 
If, then, the judiciary repeal were a violation of the constitution 
of the United States, the federal party may well be said to have 
provoked it, by their most unwarrantable and ill judged conduct. 

It ought to be mentioned in this connection, that the opinion 
of one of the greatest jurists* in the United States, though not 
expressly announced, carries every implication, and supports 
every argument, against the legislative power over the offices 
of the judiciary when once established. 

The repeal of the internal taxes relieved our interior agri- 
cultural country, ill able to command specie, from much irri- 
tating interference of excise officers; whose salaries in an 
extensive country like this Union, form a great drawback from 
the product of such taxes to the national treasury, and con- 
tributed much, to augment the patronage and influence of the 
Federal Executive. In thus relinquishing the favorite spoih 
of most popular favorites, Mr. Jeflferson showed a magnanimity, 
and a disinterestedness, worthy of the highest commendation. 
Executive power requires to be sleeplessly watched. 

The introduction of banking into this agricultural State, next 
calls for attention; a system of legislation, which, as it has 
been pursued, has been productive of the most fearful mis- 
chiefs; and no where more deplorably, than in this State. 

* Judge Story, in his most dignified and able Commentary on the Constitution of the 
United States, sections 831, 832. 



300 HISTORY OF KENTUCKY. 

Yet it was at first smuggled into Kentucky, and by a fraud 
upon her legislative understanding, it was foisted into the 
Commonwealth. An application was made to the legislature 
to incorporate an insurance company, for the purpose of in- 
suring the produce of the State, on its passage to market, 
through the long and perilous channels of the western rivers, 
the petition was readily granted. But in the charter of incor- 
poration, the company was authorized "to take and give bills, 
bonds, and obligations, in the course of their business; also 
to receive and pass them by assignment; and such of t*he 
notes as are payable to bearer, shall be negotiable and assign- 
able by delivery.^'' Under this pregnant clause, the bills issued 
by the company were made payable to bearer; and they be- 
came tantamount to bank bills. Thus indirectly was a bank 
forced upon our legislators, who, at that day, partook of the 
dread and antipathy to such monied instruments, which then 
particularly characterized the statesmen of Virginia. Too soon 
indeed for the solid and durable prosperity of both Kentucky 
and Virginia, they forgot these prepossessions. 

This surreptitious bank was chartered until 1818, during 
which time it enjoyed the monstrous monopoly of insurance 
under the authority of Kentucky, without any equivalent to 
the State for the surrender of its legislative discretion. The 
fate of this institution, which may as well be recorded at once, 
was worthy of its birth ; it began in fraud and ended in bank- 
ruptcy. 

At this session took place the third radical change in the 
ordinary courts of the State. The District courts and the 
General court were abolished; and Circuit courts for each 
county were established in their place. The judges of the 
former, like the Quarter Session justices, and the judges of the 
court of Oyer and Terminer, of a former period, acquiesced 
in following the fate of their courts. To each of the Circuit 
judges were added two assistants, not learned in the law. The 
convenience of bringing the administration of justice home 
to every man's county, reconciled the people to this alteration; 
but the retention of the assistants unlearned in the law, was 



HISTOBY Of KENTUCKY. 301 

found, in so many instances, to impede the progress of business 
by producing conflictis with the presiding judge, in overruling 
or re-arguing his decisions, that the judicial assistants were, 
at length, most usefully abolished. 

On no subject of legislation have the people of Kentucky 
suffered more egregiously, than in the organization of their 
courts. The inadequacy of judicial salary has kept the judges 
not only below the professional compensation of the bar ; but 
in all the wealthy counties, below the compensation of their 
own clerks. For the purposes of emolument, the clerkships 
of the courts are greatly more valuable than the salaries of the 
judges; and are more anxiously sought after, as objects of am- 
bition. When shall the community feel as it ought to feel 
on this vital subject of government, that the administration of 
the law must depend upon the character of its administrators? 
The sublimes! conceptions of the wisest and most benevolent 
legislators will be misapplied, in folly and injustice; when igno- 
rance and incapacity are called to put them in force. If the 
people of Kentucky desire to have justice administered in all 
the light of learning and wisdom, amid their too abundant mat- 
ter of litigation, they must pay the price for these high and rare 
endowments, which society has placed upon them in other situ- 
ations; the same price which is put upon these qualities, when 
exercised for the public service at the bar, or in any other 
arduous walk of life, must be given by the government. When, 
as in England, and in many of the elder States^ the Bench 
shall have been made an ohject of honorable ambition, and a full 
equivalent for high and lucrative practice ; then the judges will 
be where they ought to stand, at the head of the profession ; and 
the masters, and not as they too often have been, the puppets 
of influential lawyers. Then the liberties and the property of 
society will, with legislative respect for the independence of 
the courts, be placed on a footing worthy of a free and en- 
lightened Commonwealth. 

In confirmation of these remarks, the author will subjoin the 
following expressive picture of judicial administration under 

2C 



HISTORY OF KEKTUCKT. 

the first organization of the circuit courts, now however, most 
essentially amended. 

"The practice which ensued under this system, had the effect 
to retard business, and in other respects proved pernicious. If 
the knowing judge happened to desire to rule his right and 
left hand man, and they were willing to be ruled, they sanc- 
tioned his opinions, and matters went on smoothly, tardy as 
might be their pace — it was rather, however, the cause of 
despatch. But when the assistants conceited they knew as 
much, or more, than their president, they were commonly re- 
fractory, and kept him in check : he being in general a resi- 
dent in town, or an itinerant on his circuit, or a lodger in 
town, where the court was held, could attend early, or late ; 
while his brother judges, residing in most cases in the coun- 
try, remained at home for breakfast; then came to town, put 
up their horses at the tavern, took a round of smoking or chat- 
ting; then to court; and if any thing had been done, were ready 
to rehear, and confirm, or reverse it. For it is to be remem- 
bered, that the presiding, or "circuit judge," could hold court 
in the absence of his assistants ; subject, nevertheless, to have 
every thing he did undone by them: and which soon taught 
him to do nothing when they were away, unless he had pre^ 
viously obtained the control over one of them at least, 

"And they, sure of their two dollars a day, if their names 
were entered on the minute book, took special care to have 
each, his own, entered at some time in the day. In the long 
days they did more — but again and again, has the court ad- 
journed to dinner, before a single jury cause was opened; and 
probably, a common case, occupied the day. In the populous 
counties, such was the accumulation of business, and the tardi- 
ness of proceedings, that causes were years on the docket, 
which, in a correct course of adjudication should have been 
tried at the term next after the process was returned executed. 
Thus suitors were compelled to attend from term to term, and 
from day to day, during each term for years, before they could 
obtain a trial at law : while the complainant in chancery was 
still more unfortunate, although in general, the suits being 



HISTORY OF KENTUCKY. 303 

about land titles, were the most important: and demanding 
the first attention, were put off to the last. A single statement 
of a common fact, will illustrate this narrative. In these large 
counties the courts, for years did not clear their dockets; while 
it often happened, that the causes set for the first day, were 
not finished for two or three days; and one set for the third, 
might be taken up the sixth day, &lc. &c. : the parties and wit- 
nesses bound the while to attendance. 

"Thus have the people of Kentucky been compelled to sue 
for, seek after justice; and wait upon courts, often changed, 
inadequately filled, and frequently unnecessarily dilatory, at 
an expense and loss of time, which few other people could 
have afforded; and fewer still, it is probable, would have 
borne without ascertaining the cause and correcting it, in this 
legislation; the ostensible source of the evil." 



CHAPTER XVIII. 



Suspension of Deposite at New Orleans— Cession of Louisiana to France— Louisiana 
Negotiation— Cession to the United States— Newspaper Reports of Adjudications in the 
Court of Appeals — Second Election of President Jefferson — Colonel Burr — Spanish 
Ditficulties on the Sabine — Return of Burr to the West-Trials— Apprehension— Sebas- 
tian's Spanish Pension— Judsre Innes-President Madison— Governor Scott— Foreign 
Depredations— Embargo— Replevy— Battle of Tippecanoe— Death of Daviess. 

In the course of 1802, the tranquillity of the whole western 
country was greatly disturbed by the suspension of the right 
of deposite for American trade at New Orleans, which had 
been stipulated by Spain, in the treaty of 1795, for three years. 
At the same time, she bound herself to furnish some "equiva- 
lent establishment on another part of the banks of the Missis- 
sippi," should that at New Orleans, on the expiration of the 
three years, be withheld. This act of the Spanish Intendant, 
Morales, at Nev/ Orleans, and violation of treaty on so sensitive 
a subject, as the navigation of the Mississippi, produced the 
highest indignation throughout the United States; but in the 
western country, the public mind, in the language of Mr. 
Jefferson's letter to Mr. Monroe, was thrown into a fever 



304 HISTORY OP KENTUCKY. 

'^The excitement was redoubled" when the public heard of the 
cession of Louisiana to France. These measures were inevi- 
tably coupled in the public apprehension. On the meeting of 
Congress in 1802, a vigorous effort was made in the Senate 
of the United States to authorize the President to take immedi- 
ate possession of the island of New Orleans and the adjacent 
territories. This was however lost, and the Executive instant- 
ly took measures to procure a cession of New Orleans, and of 
West and East Florida. To promote this negotiation Congress, 
at the recommendation of the Executive, appropriated two 
millions of dollars. Such were the expectations in the United 
States, when Mr. Monroe was appointed Minister to France, 
to enter on this delicate and important negotiation. 

President Jefferson, with a happy regard for the public feel- 
ings, apprized Governor Garrard of all his measures in an affair* 
so profoundly interesting to Kentucky. Of this sentiment the 
legislature most promptly informed the authorities of the United 
States, on the earliest news of the occlusion, as Mr. Jefferson 
termed it, of New Orleans. 

When Mr. Monroe arrived at Paris, he found that the first 
Consul of France, clearly foreseeing the loss of Louisiana, in 
the impending hostilities with Great Britain, had determined 
to sell this magnificent province to the United States. He is 
said to have expressed himself in these words : "I renounce it 
with the greatest regret. To attempt obstinately to retain it 
would be folly." Thus decisive were the resolutions of this 
pre-eminent military chief The French negotiator was 
directed to ask fifty millions of francs, as his ultimatum, or 
something less than ten millions of dollars; he asked eighty, 
and Mr. Livingston, before the arrival of Mr. Monroe, would 
not go beyond thirty millions, or nearly six millions of dollars. 
But when sober deliberation enjoyed a few moments' respite, 
from the astonishment with which the American mission was 
overwhelmed, at the extraordinary offer of an empire, when 
they had doubted whether they could obtain one of its towns, 
the negotiation no longer faltered about terms. Neither obscure 

* Marbois' History of Louisiana, p. 213. 



HISTORY OF KENTUCKY. 305 

boundaries,* which no historical documents could explain, nor 
tifty additional millions of francs, formed any obstacle. On the 
30th of April, 1803, the treaties were all signed, which, reali- 
zing the boundaries of the ancient charters, granted by the British 
monarchs to their American colonies, extended the United States 
"from sea to sea." By a brilliant negotiation, and a coinci- 
dence of fortunate circumstances in the affairs of nations, that 
only occur in a series of centuries, Louisiana was purchased 
for fifteen millions of dollars, or 80,000,000 of francs; and the 
United States enlarged to 2,000,000 of square miles. 

At this time, it is curious to look back at the alarm with 
which the re-occupation of Louisiana by its ancient owners, 
excited throughout the United States. Yet it would seem, that 
a power so little naval, need not have produced such apprehen- 
sion. True, the French would have made a more formidable 
neighbor than the indolent and unenterprising Spaniards; but 
they would by the same reasoning, have made more valuable 
customers, and a more profitable trade might have been carried 
on with Louisiana. These speculations are, most happily for 
the fortunes of America, superseded by the acquisition of the 
country, which the sagacity of Bonaparte, and the policy of 
Jefferson threw into each others' hands. But had not this un- 
exampled concurrence of views appeared, in parties which 
might with every calculation of ordinary probability, have been 
expected to conflict with one another; President Jefferson was 
prepared to go to war for the great and solid interests of his 
country. Pacific and attached to France, as he was supposed 
to be, he was ready to unite our arms with those of Great Britain 
for this paramount object. Had the disposition of the French 
government appeared hostile, in the opinion of our ministers, 
they were instructed to hold t "such communications with the 
British government as will sound its dispositions, and invite its 
concurrence in the war." 

In I confirmation of the same views, the President wrote to 
Mr. Livingston, "the day that France takes possession of New 

* M. Marbois relates, that Bonaparte remarked on this point, "if an obscurity did not 
already exist, it would, perhaps, be good policy to put one there." — p. 286. 
t Idem. p. 446. t Idem. p. 229. 

2C* 



306 HISTORY OF KENTUCKY. 

Orleans, fixes the sentence which is to restrain her for ever 
within her low water mark. It seals the union of two nations 
who, in conjunction, can maintain the possession of the ocean. 
From that moment we must marry ourselves to the British fleet 
and nation. We must turn all our attention to a maritime force, 
for which our resources place us on very high ground; and 
having formed and connected together a power, which may 
render re-inforcements of her settlements here impossible to 
France, make the first cannon, which shall be fired in Europe, 
the signal for tearing up any settlement she may have made, 
and for holding the two continents of America in sequestration 
for the common purposes of the united British and Ameri- 
can nations." These far-sighted and sagacious anticipations, 
which Mr. Jefferson, with his characteristic foresight, was so 
competent to indulge, were happily rendered unnecessary, as 
has been mentioned by this most propitious treaty. So "noble 
a bargain," in the language of Talleyrand, almost defies belief; 
if it had not with all its splendor of event, have become sober 
history. Congress, with unimportant opposition, ratified their 
treaties, and thus sealed higher destinies for their country, than 
had ever flashed across the most sanguine fancy of American 
patriots. Nor does the experience of the confederacy so far 
justify the apprehension, that the capacity of our most admirable 
federation, is not adapted to the great expansion provided by 
the acquisition of Louisiana. Had Mr. Jefferson effected 
nothing more for his country, in his exalted career of public 
duty, it is sufficient to place him and all the companions of such 
high counsels, in the proudest niche in the American Pantheon, 
dedicated to civil honors and patriot statesmen. 

On the SOth December, 1803, William C. Claiborne, Gov- 
ernor of the Mississippi Territory, and General Wilkinson re- 
ceived possession of the province of Louisiana, from the French 
commissioner, M. Loussat. Thus were new and incalculable 
commercial advantages opened to Kentucky, in common with 
the whole country; advantages, the want of which, more 
than once seemed to threaten the stability of the Union. Now 
a career of every kind of profitable exchange, unobstructed 



HISTORY OF KENTUCKY. 307 

by a foreign power, from the heads of the Ohio, the Mississippi, 
and the Missouri, to the ocean, was laid open to the industry, 
and the enterprise of the west. Under the smiles of this 
golden commerce, aided by the mighty powers of Fulton's 
almost magic invention, the wilderness is indeed blossoming as 
the rose, and countless regions, and innumerable millions are 
subjecting to the mild and glorious sway of religion, liberty 
and learning. 

How fearful is the moral responsibility of our countrymen, 
lavishly endowed as they are, with the bounties of Divine 
Providence; that they execute the high trust confided to them, 
for the good of mankind, in faith and in honesty I How bitter 
will be the maledictions of future generations, if they shal 
pervert these fair and lovely benefactions of Divine goodnesfy 
and thus deprive posterity of their just and rightful expecti- 
tions! It behooves every American, and more imperatively 
every inhabitant of this most highly favored west, that he 
should be deeply impressed with the great obligations he oves 
to futurity; to transmit the noble legacy of our freedom, and 
its glorious fruits unimpaired; and rather enriched by our 
efforts to increase the social happiness, and continue the 
improvement for long enduring ages. 

The year 1803, is commemorated by the first public ser- 
vices of Henry Clay, in the government of the State, The 
history of the commonwealth owes her tribute of honor to one, 
whose discharge of the highest political trusts of the republic 
have since enrolled his name, indelibly among her iirst and 
most honored statesmen. 

An ardent love of liberty, high intellect, and an oratory as 
brilliant and impetuous as his spirit is free and unfettered, 
have formed a halo of intellectual and moral glory around the 
great Kentuckian, as imperishable as the records of patriotism, 
of talent and eloquence in any age. 

The sphere of Mr. Clay's activity, has generally been 
above the scenes of this history, yet his domestic services 
often form the subject of its humble pages. Kentucky is, 
indeed, well entitled to the honor of merits^ exhibited in higher 



308 HISTORY OF KENTUCKY. 

trusts than her own, for which she first selected this favorite 
son of her ambition. 

Henry Clay was first elected a member of the House of 
Representatives of Kentucky, in the session of 1803, under 
most flattering circumstances * It was during his absence at 
a watering place known as the Olympian Springs, in the county 
of Bath, that he was unexpectedly brought forward as a can- 
didate, by his friends, and elected triumphantly. 

At the gubernatorial election of 1804, Christopher Greenup 
Isucceeded governor Garrard, and he appointed John Rowan, 
kince so honorably distinguished at the bar and in the legisla- 
tive councils of his country, as Secretary of State. 

In the session acts of this year, is one conferring a pension 
OQ Clarinda Allington. "She had been a prisoner with the 
Cherokee Indians, and, as she alleged, compelled by a chief to 
mirry him." This lady had three children by her marriage, 
"when she escaped from the Indian towns, and took refuge in 
Kentucky. On application to the General Assembly for as- 
sistance, she was allowed an annuity for three years." This 
is remarkable as the first instance of a pension under the gov- 
ernment of Kentucky. 

An act to incorporate the Ohio Canal Company originated at 
this time, although it produced no efiect; the promulgation of 
the opiaions of the court of Appeals was likewise provided for 
at this session, by directing the Clerk of the court to furnish 
the public printer with a copy of them for publication. They 
were therefore newspaper reports at first, though they soon 
assumed a more dignified and durable shape. 

On the 4th of March, 1805, the second term of Mr. Jeffer- 
son's presidency commenced, after an election of unanimity, 
unexampled since the government of the great Washington. 
Out of one hundred and seventy-five electoral votes, he received 
one hundred and sixty-two. This was the first presidential 
election after the amendment of the constitution, which re- 
quired the electors to distinguish the person voted for as Presi- 
dent, and the one voted for as Vice President. 

* Biography of Henry Clay, by George D. Prentice, Esq.— page 25. 



HISTORY OF KENTUCKY. 809 

During the summer of this year, Colonel Burr, the late 
Vice President, who by his intrigues of over-reaching ambition 
had lost the confidence of the country, visited Kentucky; and 
after making some stay at Frankfort, in a retired manner, 
proceeded on his way through all the principal points of the 
Western country, from St. Louis to New Orleans. In the en- 
suing August, Colonel Burr returned to Lexington, in Kei> 
tucky, on his way eastward of the mountains. The desperate 
consequences of tl^ese visits, will appear in the succeeding 
year. They may, without much violence, be compared to 
Milton's immortal fancy of the visits of Lucifer to the newly 
created Eden; before he planned his machinations against thp 
parents of our race. 

Among the simple and effective amendments of judicial 
proceedings, for the accommodation of the people, may be 
ranked an act of this session ; "providing a summary mode of 
recovering debts on bond or note." It is usually termed the 
petition and summons law. By this law, a simple form of 
declaration, in which the note or bond evidencing the debt, 
was to be substantially set out; with an averment that the debt 
remained unpaid ; if the note had been assigned, that also was 
to be stated, and judgment prayed. This was to be lodged 
with the clerk of the proper court; who issued a summons, to 
which he annexed a copy of the complaint, for the defendant, 
which w^ere to be delivered ten days before the court met; and 
in that case, judgment was to be rendered on the third day of 
the court; unless it should be suspended by good cause shown 
to the court, and an order obtained for that purpose : bail was, 
however, not to be taken under this act. 

The year 1806, was one of foreign and domestic menace. 
On the Sabine, the Spanish forces had advanced to the eastern 
side of that stream, when General Wilkinson, with his troops, 
was ordered to repel them. While the troops are left on the 
Mexican frontier, the movements of Colonel Burr, which sub- 
sequently had such an influence on these military measures, 
will be resumed. 

In the summer of 180G, this gentleman, whose rapid and 



810 HISTORY OF KENTUCKY. 

mysterious changes of place seemed like the agitations of some 
e:vil spirit, ill at peace with itself, again appeared in the western 
country. His head quarters seem to have been the ill fated 
mansion of Mr. Blannerhassett, on the island bearing his name, 
in the Ohio river. Rumours of desperate schemes and mad 
enterprises increased rapidly upon one another. Boats were 
known to be building in the States of Kentucky and Ohio in 
considerable numbers; provisions were contracted for; and 
numbers of the young and the ardent, with some of graver 
character, were engaged in some military expedition, whose 
character could not be precisely ascertained. Many asserted 
that the expedition was against Mexico, and was undertaken 
with the connivance, if not with the concurrence of the Presi- 
dent of the United States.* Artifices to produce this impres* 
sion were afterwards known to have been employed, to inveigle 
tliose whose principles could not otherwise be overpowered. 
The difficulties of the United States with Spain confii'med the 
above representations. These various kinds of proof were 
communicated by Joseph H. Daviess, the distinguished attorney 
for the United States, to the President, early in January of this 
jnear. They were necessarily limited, at that time, to general 
probabilities and presumptions; and the President desired fur- 
ther particulars, and the names of the persons concerned in the 
unlawful enterprise. 

It, indeed, seems, that it was not until the communications of 
Burr, through Samuel Swartwout, to Wilkinson, in his camp at 
Natchitoches, and forwarded to President Jefferson; that the 
latter had exact intelligence of the plan, or the parties. This 
letter was dated at Philadelphia, on the 29th of July, 1806; but 
was not delivered, (owing to Wilkinson's rapid change of move- 
ments from St. Louis to Natchitoches, where the messenger 
followed him,) until the 8th of the ensuing October. Still the 
letter was couched in such mystified and obscure language, as 
to bear no precise interpretation, without the verbal explana- 
tions of the bearer, to which Wilkinson was referred. It an- 
nounced the enterprise in these dark terms : "I (Aaron Burr) 

» Jefferson's Correspondence. 



HISTORY OP KENTUCKY. 311 

have obtained funds, and have actually commenced the enter- 
prise. Detachments from different points, under different pre- 
tences, will rendezvous on Ohio, 1st November — every thing, 
internal and external, favors views: protection of England is 
secured: T. (meaning the gallant and faithful Truxton,) is 
going to Jamaica, to arrange with the admiral on that station; 
it will meet on the Miss. — England. — Navy of the U. S. are 
ready to join, and final orders are given to my friends and foL- 
lowers : it will be a host of choice spirits. Wilkinson shall be 
second to Burr only : Wilkinson shall dictate the rank and pro- 
motion of his officers — Burr will proceed westward 1st August, 
never to return." In another part of the letter he writes : — 
'^Already are orders to the contractors given, to forward six 
months' provisions to points Wilkinson may name : this shall 
not be used until the last moment, and then under proper 
injunctions: the project is brought to the point so long desired. 
Burr guaranties the result with his life and honor, with the 
lives, the honor, the fortunes of hundreds, the best blood of our 
country. Burr's plan of operations is, to move down rapidly 
fi'om the Falls on the 15th November, with the first 500 or 
1,000 men, in light boats, now constructing for that purpose, to 
be at Natchez between the 5th and 15th December; there to 
meet Wilkinson ; there to determine whether it will be expe- 
dient in the first instance to seize on Baton Rouge !"* This 
letter contains the most explicit details from Burr himself, in 
writing, destitute, as it no doubt purposely was left, of clear 
meaning, independent of other circumstances. To General 
Eaton, however, in the winter of 1805-6, "Aaron Burr signi- 
fied that he was organizing a military expedition, to be moved 
against the Spanish provinces on the southwestern frontiers of 
the United States."! This was represented to be " under the 
authority of the general government." In additional conversa- 
tions, he "laid open his project of revolutionizing the territory 
west of the Alleghancy, and establishing an independent empire 
there : New Orleans to be the capital, and he himself to be the 
chief: organizing a military force on the waters of the Missis- 

♦ Wilkinson's Memoirs, 2 vol., p. 216. f Burr's Trial, p. 474. 



813 HISTORY OF KEJfTUCKY. 

^ppi, and carrying conquest to Mexico," Other projects of 
revolutionizing the eastern states, and overthrowing the popular 
government, were likewise communicated; but they appear to 
be so extravagant, as to imply a state of mind little short of 
insanity. Well might Mr. Jefferson tell General Eaton, when 
h.e communicated a project "of an insurrection, if not a revolu- 
tion, on the waters of the Mississippi," that "he had too much 
confidence in the information, the integrity, and attachment to 
the Union, of the citizens of that country, to admit any appre- 
hensions of that kind." When the mind soberly reflects on the 
intrinsic impracticability of such a scheme ; the utter absurdity 
of supposing that the solid sense, the high spirit, and devoted- 
ness to liberty in the western country generally, or indeed in 
any other portion of this noble republic, could be base and 
degraded enough to enslave themselves, to a discarded public 
officer, like Aaron Burr, with all his mystery and intrigue ; it 
seems too palpably absurd for admission into any sound mind. 
These projects were enlarged upon in the oral conferences 
hetv/een Mr. Svvartwout and General Wilkinson, so as to repre- 
sent that " Colonel Burr, with the support of a powerful asso- 
ciation extending from New York to New Orleans, was levying 
an armed body of 7,000 men from the state of New York and 
the western states and territories, with a view to cany an expe- 
dition to the Mexican territories." 

Moreover this emissary stated to General Wilkinson on 
enquiry, that this territory, (meaning it is to be presumed 
the territory of Louisiana, where Swartwout then was,) 
would be revolutionized, where the people were ready to join; 
and that there would be some seizing, he supposed, at New 
Orleans." 

Anterior to these developments, Burr as has been inti- 
mated, had returned to Kentucky in August, 1803. Here 
he effected the negotiation of bills of exchange, to the amount 
of $*25,000, through the Kentucky insurance company; these 
notes were afterwards known to have been paid for tavern 
expenses at Washington city, by some of the associates of 
Burr, after the explosion of the scheme. 



HISTOEY OF KENTUCKY. 313 

Colonel Daviess, after having made the most laudable exer- 
tions to penetrate the mystery of Burr's plans, even by go- 
ing to St. Louis,* where Wilkinson was Governor, to scru- 
tinize the movements of the General; obtaining no instruc- 
tions from the Executive, on the meeting of the District court of 
the United States, in November, 1806, made oath, "that he was 
informed, and did verily believe, that Aaron Burr for several 
months past hath been, and now is engaged, in preparing 
and setting on foot, and in providing and preparing the means 
for a military expedition and enterprise within this district, 
for the purpose of descending the Ohio and Mississippi there- 
with; and making war upon the subjects of the king of Spain." 
After having read this affidavit, the attorney added, "I have 
information, on which I can rely, that all the western ter- 
ritories are the next object of the scheme — and finally all 
the region of the Ohio, is calculated, as falling into the vor- 
tex of the newly proposed revolution." 

The motion for process against Burr, was however over- 
ruled, as "unprecedented and illegal ;" yet the daring intriguer 
hearing of the intended prosecution, had the politic auda- 
city to present himself before the court, "and demand an 
investigation of his conduct, for which," as he said, "he was 
always ready, and therefore had attended." The attorney 
replied to this counterfeit of innocence, that he only wanted 
his witnesses to be ready for trial; which, after conversing 
with the marshall, he said, might be on Wednesday, the 11th 
of November. This day was then appointed for the meeting 
of a grand jury, and officers were despatched with subpoenas 
to different parts of Kentucky, as well as of Indiana. 

On the assembly of the court, upon the stated day, amidst 
the most intense excitement, produced by the serious mag- 
nitude of the charge, and the former dignity of the accu- 
sed; it was found, that a material witness, Davis Floyd, was 
absent, attending a meeting of the Indiana legislature, of 

* Coupled with this attempt of Colonel Daviess, a pretended resiffnation of the lat- 
ter was desi;?nedly published at Louisville, in order to decoy Wilkinson into more 
confidence; but the artifice was met by Wilkinson, shewing Daviess a letter from 
Kentucky, which disclosed the whole ruse de guerre. Wilkinson treated Daviess 
in his usual winning manner, gave him every information in his power, and ex- 
tended every attention to liia distinguished visitor. 

2D 



314 HISTORY OF KENTUCKY. 

which he was a member. Upon this, the court discharged 
the grand jury. Immediately afterwards, Burr, accompanied 
by his counsel, Mr. Henry Clay and Mr. John Allen, came 
into court, and on learning the dismission of the jury, gravely 
asked the reason, and expressed his regret at the step. On 
being informed of the cause which had led to this result, 
he desired that the cause of the postponement should be en- 
tered of record; and also the reason of the non-attendance 
of Mr. Floyd. This was done with the consent of Colonel 
Daviess. The arch conspirator then addressed the people 
through the court by saying, that,* "the good people of Ken- 
tucky might, and he hoped they would, dismiss their fears 
for the present; that in fact there was no ground for them, 
whatever efforts had been made to excite them; that he had un- 
derstood some bad been made to apprehend that he was pur- 
suing means inimical to their peace — but they were misin- 
formed, as they would find, if Mr. Attorney should ever get 
ready, and open his investigation — that in the mean time, 
they would be in no manner of danger from him; that he 
had to act on the defensive only; that he should expect an- 
other attack, and hold himself ready for it." 

After the information that is now possessed, and which 
has been narrated out of the chronological order in which 
is was known, could professional impudence have been car- 
ried to a higher climax? During these proceedings, the con- 
duct of this adroit and most insinuating man, is represented 
to have been "grave, polite and dignified." It required some- 
thing of Roman sternness to withstand the blandishments of 
the winning and fascinating address of this extraordinary 
character. Those who saw him presiding in the Senate of 
the United States, and most particularly during the embar- 
rassing trial of judge Chase, may estimate the graceful dig- 
nity, the polished decision and the silent firmness, which 
so strikingly characterized this modern Cataline. 

Yet there was more than one man, beside the fearless 
Daviess, who had the firmness amidst the general delusion, 

* Marshall, vol. 2, p. 397. 



HISTORY OP KENTUCKY. 315 

to turn a deaf ear to the syren song of peace and of farming, 
which was so artfully sung by Colonel Burr. It was John 
Rowan, then acting as Secretary of State for Kentucky, and 
a member of Congress elect. He, at the desire of Mr. Burr, 
was asked to engage in his second defence, in conjunction 
with Mr. Clay. Mr. Rowan objected to it, on account of 
his late congressional election, which bound him as he thought, 
not to engage in a controversy, possibly involving fidelity 
to the general government. Mr. Clay, who had now also 
been elected a member of Congress, on reflection, concur- 
red in this opinion ; and asked the advice of Mr. J. Rowan. 
The latter candidly concurred with Mr. Clay, in the impro- 
priety of retiring from his professional engagement, at the 
existing stage; and suggested the expediency of requiring 
from Colonel Burr, a declaration upon his honor, that he 
was engaged in no schemes hostile to the peace or union 
of the country. The pledge was manfully required, and as 
treacherously and dishonorably given. 

The reply of Mr. Burr, dated December 1st, was,* "I have no 
design, nor have I taken any measure to promote a disso- 
lution of the Union, or a separation of any one or more 
States from the residue. I have neither published a line 
on this subject, nor has any one, through my agency or with 
my knowledge. I have no design to intermeddle with the 
government, or to disturb the tranquillity of the United States, 
nor of its territories, or any part of them. I have neither 
issued, nor signed, nor promised a commission to any per- 
son, for any purpose. I do not own a musket, nor bayonet, 
nor any single article of military stores, nor does any person 
for me, by my authority, or my knowledge. My views have 
been explained to, and approved by, several of the princi- 
pal officers of government, and, I believe are well under- 
stood by the administration, and seen by it with compla- 
cency; they are such as every man of honor and evenf 
good citizen must approve. Considering the high station you 
now fill in our national councils, I have thought these ex- 

* Prentice's Biograpliy of H. Clay, p. 33 



316 HISTORY OF KENTUCKY. 

planations proper, as well to counteract the chimerical tales, 
which malevolent persons have industriously circulated, as 
to satisfy you that you have not espoused the cause of a 
man in any way unfriendly to the laws, the government 
or the interests of his country." 

Perfidious as these assurances were, they sheltered Mr. Clay 
fVom all animadversion on his professional defence of Burr. 
On a subsequent occasion, Mr. Rowan had an interview with 
Colonel Burr, when the latter attempting to remove some 
objections which were understood to be felt by the former to 
engaging in his defence, Mr. Rowan arrested this strain of 
remark, by observing, that "he had been taught from early 
childhood not to reason on subjects which his feelings in the 
fiist instance condemned," 

Still, for a time, was guilt, dressed in the trappings of former 
dignity, destined to triumph over the zeal of Daviess, which 
might well have been more openly imitated by the President of 
the United States and the Governor of Kentucky. Obscure as 
the testimony might be, the warning of a proclamation did not 
require the most precise intelligence ; and yet its solemn voice 
might have arrested the timid, confirmed the wavering, and 
animated the good citizen. To show how strong the reaction 
of public sympathy was, owing to the failure of these prema- 
ture, though patriotic attempts to punish the guilty, the follow- 
ing paragraph is selected from the Palladium, the official paper 
of that day: "Colonel Burr, throughout this business, has 
evinced an earnest desire for a full and speedy investigation ; 
free from irritation or emotion ; he excited the strongest sensa- 
tion of respect and friendship in the breast of every person 
present." On the 2d of December, another grand jury was 
assembled, by order of the District judge, at the instance of the 
attorney for the United States. Indictments were laid before 
it against John Adair and Aaron Burr, for instituting unlawful 
expeditions against the dominions of the King of Spain ; but the 
jury, "having carefully examined and scrutinized all the testi- 
mony which has come before them," said, "there has been" 
none "which does in the smallest degree criminate either of 



HISTORY OF KENTUCKY. 317 

the above persons; nor can wo, from all the enquiries and 
investigations on the subject, discover that any thing improper, 
or injurious to the interest of the government of the United 
States, or contrary to the laws thereof, is designed or contem- 
plated by either of them." 

This decision of the grand jury was received by a burst of 
applause from the spectators ; so intense was the popular sym- 
pathy for Burr. Thus did the wily arts of this consummate 
intriguer hoodwink, not only confiding friends, but the judicial 
tribunals of the country; and convert what should have been 
the instruments of his detection and punishmant, into trumpets 
of praise and vehicles of confidence, in his treachery and in his 
treason. 

A public ball was given in honor of Burr's triumph; which 
provoked another in honor of the Union and Colonel Daviess, 
for the consolation of the intrepid officer. 

While this judicial farce was acting at JFrankfort, and that 
unavoidably too, after submitting the indictments to the jury, 
the President's proclamation had been issued, and was on the 
road; to arouse the people of the western country from the 
stupor produced by the Machiavelian arts of the consummate 
deceiver. On the 27th of November, the proclamation was 
published ; and on the 18th of December was known at Frank- 
fort. On the 2d of the same month. Governor Tiffin, of Ohio, 
at the suggestion of Mr. Graham, (a gentleman deputed by the 
President of the United States to investigate this desperate 
conspiracy, and bring its agents to punishment,) submitted the 
subject to the legislature of that enterprising State. This body, 
with most patriotic promptitude, passed an act arming the 
government with powers adequate to the emergency. They 
were energetically put into execution; and a flotilla of ten 
boats, loaded with provisions, was seized and secured in the 
Muskingum river. On the 16th, the persevering Daviess, 
foiled as he had been in all his legal effi^rts to arrest this con- 
spiracy, still not despairing in his patriotic course, wrote the 
Governor from Louisville, communicating the passage at that 
place of Blannerhassett, with eight flat boats and three keel 
2D* 



318 HISTORY OF KENTUCKY. 

boats, having some boxes of arms and ammunition on board, 
and some men. On the confidential communication of this 
letter, the legislature resolved that the Governor "be, and he 
is hereby requested to use, with all possible expedition, the 
means within his power to execute the duties required by the 
proclamation of the President of the United States, bearing 
date the 27th November last." A similar application of the 
presidential agent, to the legislature of Kentucky, procured an 
extraordinary act to "prevent unlawful enterprises," on the 
23d December. Under this law, measures were immediately 
taken to order out portions of the militia; but before they 
assembled at their posts, all the boats of Colonel Burr, not 
intercepted by the authorities of the State of Ohio, effected 
their passage to the mouth of Cumberland. There the guilty 
spirits, disconcerted by the late, but unexpected vigor of the 
state governments, assembled with Colonel Burr, to brood over 
their blasted hopes of aggrandizement, on the ruins of their 
country. 

"On the 22d of December, Burr descended the Cumberland 
river, from Nashville, with two boats of accommodation 
merely." On reaching Bayou Pierre, in the Mississippi terri- 
tory, he surrendered himself to the civil authority. 

After this, he attempted to flee into Florida; but on being 
intercepted by the military force, he was conveyed to Rich- 
mond, Virginia, on the 26th of March, 1807. Legal difficulties, 
arising from his absence at the military musters on Blanner- 
hassett's island, shielded this high offender from the justice of 
*he law of treason. But nothing could shield him from the 
withering blast of public indignation. Burr no longer lives the 
erect and fiery spirit, whom fine endowments and full cultiva- 
tion had enabled to cope with Hamilton at his heyday. He 
rather walks the earth, a guilty thing, too ignoble for manly 
notice. 

My young countrymen, when false and perverted ambition, 
when disappointments in public favor tempt you to 'wander 
from the paths of honor and devotion to your noble country, 
may you turn to the fate of Arnold and of Burr; and bless 



HISTORY OF KENTUCKY. 319 

your God for the warning voice of their scowHng examples. 
May they ever be viewed by the virtuous youth of our country, 
as beacons on the quicksands and rocks of poHtical navigation, 
warning off the honest sailor. 

Still there is a magnanimity in the heroic silence of Colonel 
Burr, amidst a host of revilers, which commands respect from 
those who detest his perverted ambition. He has had the 
severe trial of anticipating posterity, and of reading his "bad 
notoriety" in a nation's eyes. Yet while Colonel Burr has 
been lashed with worse than furies' whips of scorpions, through 
the land, and coupled, in the public mind, with the vilest of 
traitors; he has reviled not again; he has retaliated on nobody; 
no man can say of Colonel Burr, under the most trying 
scenes of life, and the agonies of a proud mind, he has 
betrayed the confidence reposed in him. He has preserved an 
unbroken silence for seven and twenty years; and whatever 
shall be his future disclosures; for the purpose of gratifying his 
personal feelings, they will as well have descended to the 
tomb with their author. Not that Colonel Burr may be indiffe- 
rent to the award of history; while her present verdict, amidst 
the conflicting passions and excited feelings of the times, he 
has so stoically supported. To the admirers of the vulgar 
greatness displayed by military ascendency; it may be 
observed, that Colonel Burr is, at the worst, only what Caesar 
and Cromwell might have been, under less auspicious fortunes. 
And those, whose principles can be so easily dazzled by the 
guilty splendor of success, as to see no criminality in its tri- 
umphs; may well extend a compassionate feeling for the 
unsuccessful aspirations of Colonel Burr after their favorite 
species of merit. No superiority of principle supports the 
fame of the first Caesar, or the English P^-otector, that does not 
extend itself to Napoleon at St. Helena, or Aaron Burr* as a 
counsellor in the city of New York. 



* A belief in tlie connection of General Wilkinson with Aaron Burr still adheres to 
the minds of many ; they regard the latter as a traitor in a double sense,— first, to his 
country, and secondly, to his friend. Yet on this confessedly conjectural matter, it may 
be well to mention, in addition to the prompt and derisive measures which Wilkinson 
took to defeat the conspiracy ; the slight and unconfiding manner Burr employed in 
speaking about Wilkinson. 



320 HISTORY OF KENTUCKY. 

The objects of this mad enterprise might nave succeeded in 
the restless, distempered masses of some European countries; 
but they were utterly desperate amid the steady attachment 
of a people for a government of their own choice and work- 
manship ; and for their own protection. 

The results of this conspiracy, with all the artful boastings of 
Burr, never amounted to more than from one, to four hundred 
persons. They finely illustrate the beautiful remark of Mr. 
Jefferson, that this is "the strongest government on earth" ; "the 
only one where every man, at the command of the law, will 
repair to the standard of the law, as his own personal con- 
cern." 

After the time which has elapsed since this audacious con- 
spiracy, nothing further has transpired to determine whether 
its object was to dissever the Union, or to attack the Spanish 
provinces and plunder New-Orleans, as a means of executing 
either. Desperate and piratical as the whole scheme was, 
under either aspect, it may well be concluded; that the project 
of aggrandizement which promised most plunder, would have 
been most readily pursued. If the rich galleon, loaded with a 
nation's treasures, should have been too manfully guarded to 
justify attack, then the humble shallop would not have been too 
low for their rapacity. 

The year 1806 was still fruitful in conspiracies and their 
developments. It was during the session of the legislature 
in 1806, that, on motion of Mr. M'Kee, and then of Mr 
John Pope, an inquiry was ordered into the conduct of judge 

Although the former may have counted upon winning over Wilkinson to his schemes; 
yet to Gov. Harrison he spoke severely of Wilkinson's imprudence of talk, and incapacity 
to keep a secret. The Governor repelled all confidence, hy expressing his belief in 
Colonel Burr's intecrity and patriotism, as too high to admit of the truth of tlie suspicions 
afloat about his intentions. 

At a subsequent period, Captain Wescott, a relation and emissary of Colonel Burr, was 
sent to make proposals; which Harrison asain repelled, by declaring, that if Burr's 
schemes were inimical to the government of the United States, he would exert his utmost 
endeavors to have him hung. It has been suggested, that less mystery, and avoiding 
all military preparation, would have been more politic. Had Burr assembled his follow- 
ers somewhere on the Mexican frontiers, even on the scene of his own suggestion— the 
Washita, a position miabt have been secured, from which he mijiht liave assailed 
either New Orleans, or the Spanish provinces, with fatal facility. Once lodged in those 
weak and valuable reu'ions. Burr "might have played conqueror or Jacobin, or botli, as 
might have best suited his purpose." Certainly a Spanish campaisn would have attractec* 
many of "the choice spirits above the dull pursuits of civil life;" and if Burr might not 
have anticipated Iturbide, the late Emperor of Mexico, in our own times; he would have, 
in all probability, eflectcd the establishment of a military colony in our neighborhood. 



HISTORY OP KENTUCKY. 321 

Sebastian. The resolution of inquiry was in the following 
words : "whereas, this House has been informed and given to 
understand that, Benjamin Sebastian, one of the judges of the 
court of Appeals of this Commonwealth, has been, during his 
continuance in office, a pensioner of the Spanish government. 
Wherefore, resolved, that a committee be appointed to inquire 
into the facts, and such other facts relating thereto, as may be 
deemed proper for investigation." A committee was accor- 
dingly appointed with full power "to send for persons, papers 
and records for their information." The disclosures produced 
by this committee established the disgraceful fact, that judge 
Sebastian, while a high judicial officer of Kentucky, had been 
for years in the receipt of a pension from the court of Spain of 
two thousand dollars a year. This amount had been received 
for him by Mr. Thomas BuUlitt, of Louisville, in 1801 and 1802: 
and a draft for the "pension," on the Spanish Governor of New 
Orleans, had been found by Mr. Charles Wilkins, in the papers 
of John A. Sitz, deceased, of Natchez. In the course of this inves- 
tigation, judge Innes was summoned before the committee, and 
detailed of his own honorable frankness, the successive visits of 
Thomas Power, as the agent of the Baron De Carondelet, the 
governor of Louisiana, in 1795, and again in 1797; to nego- 
tiate for commercial privileges, and finally for forcible separa- 
tion from the rest of the confederacy, with Messrs. Sebastian, 
Innes, Nicholas and Murray. On this evidence the previous 
statement of the Spanish conspiracy has been mainly founded. 
The conclusion of the committee was, that Judge Sebastian had 
been guilty as charged, and his conduct in doing so was "subver- 
sive of every duty he owed to the constituted authorities of 
our country, and highly derogatory to the character of Ken- 
tucky." This report was unanimously agreed to by the 
House. The judge having resigned, no further measures 
were taken. 

The testimony in regard to judge Sebastian having fixed on 
him the odious charges of bribery and foreign pension, though 
confined to him alone, and though the oflier of two hundred 
thousand dollars had been rejected by his high-minded asso 



822 HisTORr OF Kentucky. 

dates, Innes and Nicholas, yet it fastened an obloquy upon the 
latter gentleman, which in this instance he did not deserve, 
and which distressed him through the remainder of his life. 

The memory of Innes and Nicholas is free from all suspi- 
cion of being tainted with foreign money; however, party 
feeling in times of high excitement, may have misled them in 
concealing from theirown government those tamperings of a for- 
eign one Apprehensions of political consequences to Kentucky, 
should not, it is admitted, for a moment have been allowed to 
interfere with their direct duty, as citizens, and one, as an 
officer of the United States. 

But it is only fair to let these distinguished and faithful public 
men speak for themselves. Their services, and those of judge 
Innes, so particularly laborious and devoted to his country, 
may well be allowed to extenuate a theoretical fault, which 
worked no practical mischief "The reasons," says judge 
Innes, "why himself and Colonel Nicholas did not communicate 
the subject to the Executive of the United States, were these: 
1st, it was known that neither of us approved of Mr. Adams' 
administration, and that we believed he kept a watchful eye 
over our actions; that the communication must depend upon 
his opinion of our veracity; and it would have the appear- 
ance of courting his favor; 2dly, that we both had reason, 
and did believe that the then administration were disposed, 
upon the slightest pretext, to send an army to this State, which 
we considered would be a grievance upon the people, and 
therefore declined making any communication on the subject, 
as we apprehended no danger from the Spanish government"* 

At this session, the dissatisfaction of the country with the 
court of Appeals, led to the introduction of a resolution into the 
House of Representatives, expressive of the fact. This par- 
ticularly reflected on the age of George Muter, the venerable 
chief justice, and offered a compensation for his retirement. 
The terms of the resolution, affected the feelings of the old 
gentleman so much, that he requested their withdrawal, and 
intimated his determinatian to resign. The withdrawal was 

* Journal of 180C-7. 



HISTORY OF KENTUCKr. 323 

made, and the high-minded and generous old man fulfilled his 
intimation, in a letter addressed to the Governor, December 
9th, 1806. This resignation was followed by the appointment 
of Thomas Todd to the chief justiceship. 

Nor can this signal instance of patriotic devotion be recorded, 
without paying a tribute of public gratitude to the disinterested 
sense of duty in an aged officer; thus in poverty resigning 
incontestable claims on the public treasury, and throwing him- 
self on the justice of his country, when he was worn out in 
her service. 

In February, 1807, Kentucky, at the instance of Henry 
Clay, then in the Senate of the United States, was erected, 
with the states of Ohio and Tennessee, into a seventh circuit, 
to be presided over by an additional judge of the Supreme 
court of the United States, whose office was created for that 
purpose. To this high judicial situation, Thomas Todd was 
appointed, who had recently been elected to the chief justice- 
ship of Kentucky, and who had been the soul of business in the 
conventions and the House of Representatives of Kentucky, 
for twenty years. 

In relation to the appointment of this old and faithful servant 
of Kentucky, there is this honorable fact, he received the 
office without any solicitation, on his part. When shall these 
golden times of the republic return, and the freemen of the 
United States again wait for offices to seek them, as the most 
fitting servants of the public, instead of seeking the offices, as 
so much private property. To test the public sentiment of 
the west. President Jefferson required the members from all 
the three western States, to make a recommendation of a 
suitable character to fill this high office, separately from each 
other, and likewise, to communicate their second choice. On 
the lists of each, Judge Todd was either first or second; a 
proud criterion of high estimation. 

At this session of the legislature, resolutions were introduced 
by Mr. H. Marshall, violently condemning the conduct of judge 
Innes, in the conferences with Sebastian aixd Power, and recom- 
mending an inquiry "to be instituted into it by the constituted 



324 HISTORY OF KENTUCKY. 

authorities;" "to which he may answer, and on which judgment 
may be pronounced." These resolutions produced a letter to 
the Speaker, from judge Innes, "informing the House that he 
had, during the last session of Congress, written to several 
members of that body, requesting through them, that an inquiry 
mif^ht be made into his conduct. From this, however, they 
dissuaded me, because in their judgment, there was no suffi- 
dent ground to justify, or authorize such an inquiry. Con- 
scious, however, of my own innocence of any criminal intention 
or acts, and that in spite of all the malevolence of my enemies, 
upon a free examination, my life would only manifest errors 
of the head, and not of the heart; nothing is more desired by 
me than an investigation into my conduct, governed by temper, 
moderation and justice. The result of which investigation (to 
which I would invite your honorable body) will be as honorable 
to me, as mortifying to those who prosecuted me." After 
several days' discussion, Mr. Clay moved a substitute for the 
resolutions of Mr. Marshall in the following words : "Whereas 
the General Assembly did, at their last session, order transcripts 
of the evidence taken before the committee appointed to examine 
into the conduct of Benjamin Sebastian, to be transmitted to the 
President of the United States, and to the senators and repre- 
sentatives from this State, in Congress; and as the present as- 
sembly has entire confidence in the general administration, and 
in the Congress of the United States, among whose duties, is 
that of arraigning the public officer, or private citizen, who may 
have violated the constitution, or the laws of the Union ; and 
whereas the legitimate objects, which call for the attention of 
this legislature, are themselves sufficiently important to require 
the exercise of all their wisdom and time, without engaging in 
pursuit of others, thereby consuming the public treasure, and 
the time of the representatives of the people, in investigating 
subjects not strictly within the sphere of their duty; and inas- 
much as the expression of an opinion by the general assembly, 
upon the guilt or innocence of Harry Innes, Esq., in relation to 
certain charges made against him, would be a prejudication of 
his case — if in one way, would fix an indelible stigma upon the 



mSTORY OF KENTUCKY. 325 

character of the judge, without the forms of trial, or judicial 
proceeding, and if in the other, might embarrass and prevent 
a free and full investigation into those charges: Wherefore, 

''Resolved by the General Assembly, That it is improper in 
them to prescribe to Congress any course to be taken by that 
body, in relation to the said charges, or to indicate any opinion 
upon their truth or falsehood. 

^'Resolved, That the constitution and laws of the land, secu- 
ring to each citizen, whether in or out. of office, a fair and im- 
partial trial, whether by impeachment or at common law, the 
example of a legislative body, before the commencement of 
any prosecution, expressing an opinion upon the guilt or inno- 
cence of an implicated individual, would tend to subvert the 
fundamental principles of justice." 

This substitute, temperate and just as it appears to be, re- 
spectful to the sacred rights of every private citizen, to enjoy 
an impartial trial without the denunciation of influential bodies 
of men in office, was negatived. The resolutions of Mr. Mar- 
shall, deprived of their severely criminatory character, by an 
amendment of Mr. Blackburn, were then adopted by the House, 
and concurred in by the Senate. They were as follows : 

"Inasmuch as it has been deemed expedient to express the 
public opinion on subjects of general concern, as the means of 
union among members of the same community, or as indica- 
tions of the public will, serving as guides to public servants in 
their official conduct, and whereas from representations made 
to the General Assembly by the introduction of a resolution, 
and upon the application of Harry Innes, Esq., by letter directed 
to the Speaker of the House of Representatives, and by him laid 
before that House, praying an examination into the charges ex- 
hibited against him in said resolution, and from evidence to 
them exhibited, it appears that the said Harry Innes, Esq., while 
sole judge of the federal court for the Kentucky district, had 
knowledge of various intrigues, and secret negotiations having 
been at different times carried on by the agents and emissaries 
of a foreign government with citizens of this State, hostile to 

the peace and tranquillity of the Union ; particularly in the case 
2E 



326 HISTORY OF KENTUCKY. 

of the Baron de Carondelet, and in the case of Thomas Power,' 
agents and emissaries of the king of Spain: and the said Harry 
Innes, Esq., possessing a complete knowledge of propositions 
having heen made to himself and others, citizens of the western 
country, by the said Carondelet and Power, which had for their 
object the dismemberment of the Union; and having failed to 
communicate to the federal executive, or to take any measures 
of prevention, as by the duties of his office he was bound to do; 
and the conduct of the said Harry Innes, Esq., in this particular 
having been such as to excite great public discontent, and a 
suspicion that he participated in the intrigues and secret nego- 
tiations aforesaid: 

"The legislature deem those circumstances in the conduct 
of the said Harry Innes, Esq., as furnishing an occasion of suffi- 
cient magnitude to interest the attention of the representatives 
of the people of Kentucky, and to call forth the expression of 
their opinion. Therefore, 

'■'■Resolved by the Senate and House of Repi'esentatives, That 
the conduct of the said Harry Innes, Esq., relative to the secret 
negotiations of the .said Carondelet and Power, ought to be in- 
quired into by the constituted authorities of the United States. 

^'Also resolved, That the Governor of this State be requested 
to transmit a copy of the foregoing resolutions to each of the 
representatives of this State in the Congress of the United 
States." 

These resolutions were transmitted as desired by the legis- 
lature, and committed to a select committee in the House of Re- 
presentatives of the United States, upon which, after a report 
of a committee by their chairman, Mr. John Rowan, nothing 
was done.* 

If facts were necessary to be stated, after the transcripts of 
evidence, which had been already ordered to be communicated; 
constructions of those facts, and inferences of motives from 
them, by public bodies, cannot be too much reprehended. It 
would be throwing the weight of government, worse than the 
* See Appendix. 



HISTORY OF KENTUCKY. 327 

sword of Brennas, into the scales of justice, against private 
citizens. 

The year 1808 brought along with it a change in the presi- 
dency. The great Jefferson, who had generally, with pre-emi- 
nent success, administered the affairs of the country ; after 
serving two presidencies, abiding by the example of his first 
and illustrious predecessor, declined a re-election. Thus, it is 
to be hoped, limiting by the prescription of example, too sacred 
to be departed from; a limitation on the duration of this office, 
which is almost too powerful for the safety of the public 
liberties. 

Mr. Madison succeeded President Jefferson in March, 1808: 
of all our statesmen, the most generally admired for the virtues 
and the chastity of his public character. With August, 1807, 
Governor Greenup's administration terminated, and Col. John 
Allen, of most amiable character and as eminent abilities, en- 
tered the canvass for the gubernatorial office, with Gen. Charles 
Scott. But the people of Kentucky have been too military a 
people themselves, and there are of course too many soldiers 
amongst them, not to feel an irresistible passion for those, who 
participated with them in the dangers of the "tented field." 
Accordingly a hero of the revolution, and a leader of various 
efficient expeditions against the Indian enemy, received a ma- 
jority of votes, greater than all the votes given to his antagonist. 
On his election, he appointed Jesse Bledsoe Secretary of State, 
a gentleman highly distinguished at the bar, and in thj legisla- 
tive assemblies of his country. During this year our exaspera- 
ting difficulties with Great Britain, and particularly the stinging 
insult to the Chesapeake frigate, induced a call upon the militia 
of the United States. The quota of Kentucky was five thou- 
sand and five. 

These circumstances were noticed in the Governor's commu- 
nication to the legislature, in the following terms. "The wan- 
ton and continued violation of our plainest rights by both Great 
Britain and France, who appear determined to sacrifice them 
alternately, as convenience or resentment, in their mutual and 
destructive confficts for empire may suggest, seems to leave us 



3?0 HISTORY OF KENTUCKY. 

but one alternative, to submit to be the passive instruments of 
their pleasure, at the expense of all we hold dear, or to make 
that resistance, which the God of nature has put into our power. 
On our own soil, if we are united and vigilant, we have nothing 
to fear." In regard to the operation of these foreign difficulties 
on our domestic interests, the Governor likewise remarks, that 
"it will also be with you, gentlemen, to say whether, from the" 
present posture of our public affairs, and the "afflicting privations 
experienced by all, in consequence of the necessary restraints 
imposed by the embargo; it will not be just nor politic to give 
debtors some respite by prolonging the time of replevy, or 
otherwise, in the recovery of debts due from them. From infor- 
mation this has been done in some of our sister States. It is 
a great impediment to legislative indulgence of this kind, that 
creditors, who may be delayed by such provisions, may also be 
debtors, and subject under the now existing laws, to be coerced 
for payment, while their means are thus withheld. For it is not 
presumable that any law on this subject can be made to act 
retrospectively." 

In the course of the session, resolutions approbatory of the 
late administration of the general government, and especially 
of its policy with foreign powers, and the adoption of the em- 
bargo were offered by Mr. Scroggin; on discussion, an amend- 
ment was proposed by Mr. Clay. This produced a motion 
to strike out the matter offered by Mr. Clay, and insert the 
following : 

"3d. That the United States of America have for several 
years experienced from the governments of Great Britain and 
of France, repeated usurpations on their sovereignty and inde- 
pendence, and manifold injuries to their rights of navigation 
and commerce; and that, having, in the spirit of amicable 
negotiation, employed in vain and exhausted the means of 
friendly adjustment, without obtaining from either of those 
governments the reparations due to their just claims for past 
injury, imposing in the mean time on themselves a rigorous 
embargo, the better to avoid new causes of irritation and of 
conflict, it now remains only, for these States, to continue this 



HISTORY OF KENTUCKY. 329 

self-imniolating restriction on their rights, submit their com- 
merce and navigation, unarmed to the insults and depredations 
of the unfriendly belligerents, or authorizing the armament of 
merchant ships and their convoys, and disclaiming all inter- 
course with the aforesaid belligerents, so long as they continue 
their unjust decrees, orders, or aggressions, assert their national 
independence, with the spirit of freemen, in the practical exer- 
cise of their undoubted rights of navigation and commerce. In 
this choice of difficulties, difficulties insuperable to the eye of 
despondence and to the heart of timidity, there is one course 
open to honor and to patriotism; it is worthy the American 
character, it is suitable to the rights and to the dignity of a 
sovereign and independent nation: it is, to resume the practical 
exercise of those just rights of navigation and of commerce, 
which have been suspended, to the universal distress of the 
nation, and to defend them with all the energies of a people 
determined to ho, free and independent. 

"4th. Resolved, That the act of Congress laying an embargo, 
and the supplements thereto, ought to be repealed with all 
practical despatch — that the commerce of the United States 
with friendly nations ought to be regulated, and her bona fide 
citizens authorized to arm their ships, and to sail under convoy 
for defence and protection, on their lawful voyages; abstaining 
from all intercourse with France and England, so long as they 
shall respectively continue their decrees, orders or aggressions; 
with the public avowal and national pledge on the part of the 
United States, that a resort to actual force by either, not author- 
ized by the established law of nations, will be held and treated 
as a declaration of war against the United States. 

"5th. Resolved, That the general government may rely on 
the support of this Commonwealth in the foregoing, and such 
other measures as may be deemed necessary and proper to 
protect the rights of the citizen, and maintain the honor and 
independence of the nation." 

On the question being put, the vote stood sixty-four for Mr. 

Clay's resolutions, and one nay, (Mr. Marshall,) against them. 

This fact, he has the manly frankness to record. The 

2E* 



330 HISTORY OF KENTUCKY. 

substitute of Mr. Clay, which seemed unanimously to con- 
vey the sentiments of Kentucky, was as follows : — 

''Resolved, That the administration of the general govern- 
ment since Thomas Jefferson has been elected to the office 
of president, has been wise, dignified and patriotic, and merits 
the approbation of the country. 

''Resolved, That the embargo was a measure highly judi- 
cious, and the only honorable expedient to avoid war — whilst 
its direct tendency, besides annoying those who had rendered 
resort to it necessary, was to preserve our seamen and pro- 
perty exposed to the piratical depredations of foreign vessels. 

"Resolved, That the general assembly of Kentucky would 
view with the utmost horror a proposition in any shape, 
to submit to the tributary exactions of Great Britain, as at- 
tempted to be enforced by her orders of council, or to ac- 
quiesce in the violation of neutral rights as manaced by 
the French decrees; and they pledge themselves to the gen- 
eral goverment to spend, if necessary, the last shilling, and 
exhaust the last drop of blood, in resisting these aggres- 
sions. 

"Resolved, That whether war, a total non-intercourse, or 
a more rigid execution of the embargo system, be deter- 
mined on, the general assembly, however they may regret 
the privations consequent on the occasion, will cordially ap- 
prove and co-operate in enforcing the measure; for they are 
sensible, that in the present crisis of the nation, the alterna- 
tives are, a surrender of liberty and independence, or, a 
hold and manly resistance. 

"Resolved, That Thomas Jefferson is entitled to the thanks 
of his country for the ability, uprightness and intelligence 
which he has displayed in the management, both of our 
foreign relations and domestic concerns. 

"Resolved, That a copy of the foregoing resolutions be 
transmitted to the President of the United States, and to each 
of our senators and representatives in congress." 

At this session, an act was passed, affecting very deeply 
the domestic relations of society; it was an act regulating 



HISTORY OF KENTUCKY. 331 

divorces in this Commonwealth. By this act the process of 
granting divorces, was vested in the Circuit courts in the fol- 
lowing cases, "in favor of a husband, where his wife shall 
have voluntarily left his bed and board, with intention of 
abandonment, for the space of three years; or when she 
shall have abandoned him and lived in adultery with another 
man or men; or shall have been condemned as a felon in 
any court of record within the United States : in favor of a 
wife, where a husband shall have left her, with the inten- 
tion of abandonment, for the space of two years; or where 
he shall have abandoned her and lived in adultery with 
another woman or women; or shall have been condemned 
as a felon in any court of record within the United States; 
or when his treatment to her is so cruel, barbarous and 
inhuman, as actually to endanger her life." One excel- 
lent provision was annexed to this law, that the offending 
party should not be at liberty to marry again; nor should 
be released from the pains and penalties of persons enter- 
ing into a second marriage, during the life of the first wife 
or husband. 

An attempt, however, was made in vain, to remedy the 
oppressive delay in the trial of chancery suits; by repeal- 
ing the law which had directed them to be placed on the 
docket after suits at law. It then directed that the court 
might act upon them at any day of the term. These im- 
portant suits, which generally involve titles to land, or the 
payment of money, for which there was a judgment at law, 
and an injunction was now wanted, obtained but little ad- 
vantage by the alteration. "They were seldom heard, how- 
ever urgent might be the cases. It would not be extrava- 
gant to say, that there are no other suits on docket, which 
have been transferred from one generation to another, and 
after having passed from one lawyer to another, for ten, 
twelve, or fifteen years ; there is not one at the bar, or in 
court, who know anything of their merits or demerits, ex- 
cept the clerks; they know that they charge three fees an- 



3d5S HISTORY OF KENTUCKY. 

nually for continuances; and that hence, to them they have 
the virtue of perennial fountains of gain."* 

These reproaches against the tardy and vexatious admin- 
istration of justice, in mockery of a people's feelings and 
interests are, it is believed, no longer applicable to the same 
extent. Though much remains to be done by adequate sala- 
ries to command the highest talents and learning in the 
public service on the bench. Till then the people of Ken- 
tucky, will be insecure in one of the blessed fruits of good 
government; indeed almost its practical essence; the speedy 
administration of justice, by impartial and enlightened magis- 
trates. Until then, the public will be worse served than 
private individuals. 

The commencement of banking in Kentucky, is too im- 
portant to the community, and involves too many vital inter- 
ests of industry, and social prosperity, to be pretermitted. 
This branch of legislation first began intentionally upon the 
part of the legislature, at the session of 1806. Leave to 
bring in a bill for incorporating a bank, was asked by Mr. 
John Allen; and a committee of Messrs. Allen, Grundy, 
Pope, Hopkins, Ballinger and Cosby, reported the bill. 

This measure was most providently resorted to, m order 
to husband the resources annually accruing to the State 
from the sale of its domain. It was most happily devised 
to place the principal of these accumulations of treasure, 
arising from this source, in a productive shape; and beyond 
the fearful hand of legislative waste. 

It fixed the site of the principal bank at the seat of 
government; authorized a capital of one million of dollars, 
divided into ten thousand shares, of one hundred dollars 
each. Five thousand shares, were reserved for the use of 
the State. The legislature reserved the right of electing a 
president and six directors. This political majority, when 
times of excitement arose, drove the bank on the shoales 
of party, and ultimately shipwrecked the institution. The 
power of branching the bank, became a subject of local and 

*MarshaU2, 464. 



HISTORY OP KENTUCKY. 333 

party contention,- and the influence of the legislature through 
its election of the majority of the directory was brought 
to bear upon the decision. The extension of the bank then 
ceased to be a mere fiscal or mercantile question, to be 
governed by the interests of the corporation; but was con- 
verted into one of political influence. The bank went into 
successful operation under the presidency of a distinguished 
and upright citizen, Robert Alexander, jr. 

The difficulties in trade and business alluded to by the 
Governor in his address, arising from foreign depreda- 
tions, and the remedy of the embargo adopted by our gov- 
ernment, to avoid them, introduced the relief system, of 
prolonged replevy, into the legislation of Kentucky; though 
of ancient colonial adoption. An act was passed for the 
relief of debtors, which authorized a replevy of one year, 
upon giving bond and security on or before the day of sale 
under execution, to pay the debt within the year; but if 
the defendant failed to give the bond and security, then the 
estate was to be sold on a year's credit, the purchaser giving 
bond and security, to have the effect of a judgement, and 
it was rendered assignable. 

It was at this session, the memorable act to compel the 
speedy adjustment of land claims, generally known as the 
seven years' limitation law, was passed. Mr. H. Marshall, in- 
troduced this measure, which, after every other anchor had 
failed before the legal storm, has saved the ship of state.* 
When after the decision of the Supreme court of the United 
States against our occupying claimant laws, no hope ex- 
isted of arresting the endless curse of uncertainty, in the 

*Tliis measure was finnlly on the 5tli of January, 1^09, re-commilted to a committee 
composed of Messrs. Clay, Soiitli,and H. Marshall, who reported it will) an amendment, 
which was concurred in. and the hill ordered to he engrossed. 

It received the approhation of the Governor on the 10th of February. This most 
important measure of peace and security to the land holders of Kentucky, and all 
the numerous classes of society, dependent upon them, had the cordial concurrence 
of Mr. Clay, although the hill was introduced by Mr, H. Marshall. 

It was at this session that the act of the previous session, conferring a pension of 
three hundred dollars, on Georire Muter, late chief justice of the court of Appeals, 
on his resignation of his judicial situation, was attempted to be repealed. Governor 
Greenup most independently and feelingly opposed this violation of the faith of 
Kentucky, to an aged and devoted servant; and the bill was arrested in the Sen- 
ate. Cut it was all in vain. The public suspicion and odium were excited against 
this paltry consideration for a sulistantial and fair contract; and the claims of public 
merit and private right, were alike disregarded at the next session, notwithstand- 
ing another Governor's veto. 



334 HISTORY OF KENTUCKY. 

freeholds of the State; this most unexpected affirmation of 
our limitation law, came like an angel of peace, with heal- 
ing on his wings, to console the vexed and agitated land- 
holders of Kentucky. 

It was in the case of Hawkins, et al. vs. Barney's lessees, 
formerly alluded to, that judge Johnson remarked that, "I 
perceive in the copy of LittelPs laws, which has been sent 
to our chambers, some one* has had the perseverance to 
go over the legislation of Virginia, relating to the lands of 
Kentucky; whilst under her jurisdiction, and to mark the va- 
rious senses to which the word rights, has been applied 
in the course of her legislation. It is curious to observe 
how numerous they are." 

It is too grateful to the proper pride of Kentucky, harrassed 
as she has been by the authority of this high court, not to 
record its kind and honorable testimony to the correctness 
of our policy in this measure. It is emphatically an instance 
of the "laudatur a laudatis," of being honored by the exalted. 
The words of the court are : — "It is impossible to take any 
reasonable exception to the course of legislation pursued by 
Kentucky, on this subject. She has in fact literally com- 
plied with the compact in its most rigid construction; for 
she adopted the very statute of Virginia in the first instance, 
and literally gave to her citizens, the full benefit of twenty 
years to prosecute their suits, before she enacted the law 
now under consideration." It is due to the memory of a 
faithful public servant of Kentucky, the late Jeroboam Beau- 
cihamp, Esq., to mention, that he is said to have been among 
the first, who agitated this great quieting measure, though 
drafted in legal nicety by Humphrey Marshall, Esqr. 

The historian would perhaps be culpable in omitting an 
enactment of this session, importing that the acts of the legis- 
lature should be in force from their passage, unless otherwise 
declared in the act. 

The interval between the session of 1808-9 to that of 
1811-12, does not seem to present much matter generally in 
« Judge Rowan. 



HISTORY OF KENTUCKY. 335 

teresting to the reader. This is a circumstance, unfortunately 
for society, too great a compliment to the times. For so in- 
capable is history of penetrating into the interior of society, 
and of presenting a true picture of private feelings, and domes- 
tic scenes which constitute its principal happiness, that its 
topics are necessarily the striking and palpable acts of life. 
The crimes and the triumphs of war, or the desolations of dis- 
ease, of famine and poverty, are too truly some of the clearest 
portraits of history. Its silence, then, is negative praise, in 
an extended sense. Sometimes, however, a civic wreath is 
to be twined from the success of some patriot statesman, or from 
the sacred labors of the philosopher and the philanthropist, in 
alleviating the evils of society. What matter of either kind 
existed at this time in Kentucky, our records are believed not to 
point out. True it is, the general history of the country rung 
with the outrages of France and England upon our seamen, 
upon our commerce, and in our ports. These properly belong 
to the recorder of higher scenes and spheres of interest beyond 
Kentucky. But it is due to the generous and ardent temper 
of the State, to declare, that removed as she is from the sea 
board, and few as are her sons, whose "march is on the moun- 
tain wave, and home upon the deep," she felt, with all her 
soul, for the insults and the wrongs of our seamen. Through 
this page of our national history, checkered with insults and 
their revenge, it is not permitted to the historian of Ken- 
tucky to wander. He has already been led in narrating the 
early annals of the State, to take a scope almost co-extensive 
with the western country. So connected and identified is the 
early story of our Commonwealth with the very rise and 
growth of the west; she has been, to so great a degree, the 
nursing mother, the focus of military and political movement 
among the younger sisters of this portion of the United States, 
that this course was unavoidable. What early field of battle 
has not been dyed with the blood of her sons? what section 
of the west has not been their honored grave? May these 
primitive and holy ties of consanguinity preserve their sacred 
influence upon the sympathy of the western people, when the 



356 HISTORY OF KENTUCKY. 

Storms of political contention, and the disappointments incident to 
all society, shall threaten to alienate the western brotherhood 
from one another. If our eastern brethren shall, in a moment 
of delusion, set at nought the sacred obligations and duties 
of our "union now and forever," may the western band pre- 
serve their loyalty, to win them back, and restore the holy 
alliance of American freemen. 

In the more advanced days of our history, the share of Ken- 
tucky, in the heat and the burden of the day, becomes less 
exclusive. Other sisters, and other descendants from the Ken- 
tucky stock, come in for their ample and honorable share in the 
toils and the trials of the times. The State of Ohio, now 
in the van of western strength and enterprise, and the territo- 
ries of Indiana, Illinois and Missouri, performed their full parts 
in the subsequent drama of north-western affairs. These are 
the fit topics for their own future historians; and the author 
. scorns ungenerously to forestall labors for which they will be 
so much better fitted, by superior light and greater familiarity. 
Let then the historian of Indiana pourtray the course of events 
which, on that frontier, led to the Indian difficulties of 1811. 
Let him narrate the bloody battle of Tippecanoe, so destructive 
to the enemy, as well as to ourselves, in which her Barthjl- 
omew, her Decker, and her Parke distinguished themselves,* 
and her Spencer, Warwick, McMahon and Berry, with White, 
t)f Illinois, died in her defence. 

But while a sense of historical duty points out this course, 
the author cannot pass in silence the grave of our Daviess and 
Owen, at that hard fought field. When has a more powerful 
gush of feeling hallowed the death of a patriot soldier, than con- 
secrated the memory of Joseph Hamilton Daviess. He was a 
man of the highest cast of intellect, the fit competitor of our Cice- 
ronian Clay; but it was not on ordinary occasions that the 
mettle of his character was heated. Let a suitable occasion, 
however, present itself for exciting his high powers; and he 
bearded George Nicholas, when but a stripling, before the 
people of Mercer, in defence of the presidency of the elder 
Adams; and when a man, contested the palm with Henry 



HISTORY OP KENTUCKr. 337 

Clay. Such, however, was the impression made upon the 
mind of an ardent admirer* of the latter gentleman's exalted 
power, in the case of Innes vs. Marshall, a case involving 
the most intense political interest through this Commonwealth. 
The devotion of Daviess to the honor of his country was chival- 
rous in the highest degree: he would serve that country in 
despite of her mistaken frowns. He served her for herself, 
and not for the vulgar love of the loaves and fishes she might 
have at her disposal. 

Less eccentricity of manners, and more conciliation, would 
have, it is believed, enabled Colonel Daviess to have enriched his 
country by the practical fruits of his talents and his zeal. As 
it was, he lived and died under the political anathema of fed- 
eralism, in the unfortunate days of its mistaken and misguided 
proscription. He was elected but once from the county of Mer- 
cer to the legislature of the State, and ever afterward lived un- 
der the ban for his federalism, or rather his opposition to the 
character and policy of President Jefferson's administration. 
He was the author of a book of "Reflections Military and Politi-' 
oal," of a most sententious and abstract character; rather fur- 
nishing topics and heads for discussion, tlian full portraits of 
sentiment. Its ardor of devotion to the honor of his country, 
breathes almost audibly through its pages. 

Of Colonel Owen, the honest, the conscientious and most 
respectable McAfeef says, "His character was that of a good 
citizen and a bmve soldier" — no little praise in a republic, and 
in a warlike State. To these departed spirits must be added, 
Colonel Geiger, and Colonel Samuel Wells, who headed a 
small company of the gallant young men in the neighborhood 
of Louisville, including Croghan, O'Fallon, Shipp, Chum, and 
Edwards; who, with Meade and Captain Funk, all fleshed their 
arms for wider, though not nobler fields, under the same gallant 
and skillful Harrison. 

Suffice it to say for our purpose, that the Indians experienced 
at the battle of Tippecanoe, fought at their own cabins, and at 
their own time, with about equal numbers, a heavier loss than 

* Captain J. Jooitt, of Woodford. j No"" Minister to Colombia. 

2F 



338 HISTORY OF KENTUCKY. 

is known to have ever been inflicted upon this subtle and fugi- 
tive enemy, in any night attack, in our history. At the battle 
of the Maumee, fought in the day-time, under Wayne, the loss 
of the Indians was loosely estimated by himself, at double his 
own, which would make sixty-six. At Tippecanoe, thirty-eight 
warriors* were, with all the punctilious care of Indians for 
their dead, found on the battle field, besides those who were 
either buried in the town, or hid by their friends, and those who 
must have died of their wounds, j The loss of our own men was 
fearful enough; it amounted to sixty-two, and the total of killed 
and wounded, one hundred and eighty-eight. Yet it is only at 
such an expense, that an enemy, who can choose his time and 
place so perfectly at will, as the Indians, can be made to feel 
the superiority of artificial discipline over their own rude 
and ferocious warfare. The moral eflfect of this battle has 
scarcely ever been attended to; yet it electrified the nation; it 
drew the line immediately, broad and deep between the true 
lovers of their country, who could but sympathize with her 
triumphs, and the cavillers, whose patriotism was swallowed up 
in faction. 

The author may not omit the resolution of the legislature 
of Kentucky, and the veteran Scott, on this battle. — "In De- 
cember, the month after the battle, the legislature of Kentucky, 
on the motion of J. H. Hawkins, Esq., went into mourning for 
the loss of Colonel Daviess, Owen, and others, who had fallen 
at Tippecanoe; and in the same session, while this battle was 
the subject of much discussion, the following resolution, moved 

* A Kickapoo deputation to Govcriwr ITairison informed him, tliat tlie Indian loss, 
independent of the Potawatamies, was 57 killed and ten wounded. They likewise 
acknowledged, with, however, doubtful sincerity, that "the Indians never liofove sustained 
so severe a defeat, since their acquaintance with the whites." Dawson's Life of General 
Harrison, p. 'J54.— The immediate evacuation of their town, which thoy believed to be 
consecrated from the destruction of I lie whites by the presence of the rro])het, confirms 
the general vi'.'or of the blow that they liad received. The war cliiefs \ver(! opposed to 
the attack; their plan was to pretend an acquiescence in the demands of the Governor, 
to assassinate liim, and then attack the army in its consequent confusion. Two Win- 
neba^oes had devoted themselves to this hideous patriotism. The prophet, more for- 
tunately for us, prevailed upon them to make a night attack, under circumstances which 
could scarcely have been more favorable to the etfect of our arms upon the enemy; 
though at so great an expense to our select corps. Governor Harrison had, however, 
determined not to return without the depredators, or hostages for the due observance of 
peace, had a battle not have taken place. 

t An Indian interpreter reported to General W. Clark, that he saw 30 or 35 Kickapoo? 
lying badly wounded, from the buck shot, the next February. 



HISTORY OP KENTUCKY. 339 

by J. J. Crittenden, Esq., was adopted, with only two or three 
dissenting votes : — ^^Resolved, &.c. That in the late campaign 
against the Indians on the Wabash, Governor W. H. Harrison 
has, in the opinion of this legislature, behaved like a hero, 
a patriot, and a general; and that for his cool, deliberate, 
skillful, and gallant conduct in the late battle of Tippecanoe, he 
well deserves the warmest thanks of the nation."* 

" The veteran soldier. Governor Charles Scott, approved 
this resolution, which at once gave tone to the popularity of 
Harrison, effectually turning the tide in his favor, and reducing 
the clamor of his enemies to private murmurs.'' 



CHAPTER XIX. 

Second term of Governor Shelby — Petition of Daniel Boon— War -with Great Britain- - 
First detaclnnent of Kentucky volunteers — Surrender of Detroit — Kentucky Brevet 
to General Harrison— Indian siege of fort Wayne— Description of fort Wayne— Ex 
pedition against the Indian towns — General Winchester appointed to command the 
North Western army— Nature of the country and the plan of the campaign— Expedi- 
tion of General Hopkins— Expedition of Colonel Russell. 

The term of service of the gallant and venerable Scott, 
now grew to a close; and the patriots of Kentucky turned 
their eyes with one accord, upon their first Governor, one of 
the heroes of King's Mountain, the brave and energetic 
Shelby. When solicited to become a candidate for this high 
office, he consented on the condition, so honorable to his love 
of country, not of indulgences suited to his advanced years and 
ancient services, but "provided the United States are involved 
in war." 

No ordinary language can do justice to a patriotism which 
rests its consent to serve one's country, not on conditions of 
ease and enjoyment; but those of painful responsibility and 
arduous difficulty, when declining years might well in ordinary 

* Colonel Daviess did not expect an attack, as represented by M'Afee, in ceneral so well 
informed; for lie "was out of Immor on the night before the battle, because there was 
no prospect of a fisht. Ho even made this just reflection, that the Indians would agree 
to "Harrison's terms, and would, as soon as the army was withdrawn, commence their 
depredations asain." The Governor would not, however, have returned, it lias been 
mentioned, without flic depredators being given up, or liostages for them. 



310 HISTORY OP KENTUCKr. 

men, have demanded repose. Isaac Shelby was triumphantly 
elected for the second time, Governor of Kentucky, in Au- 
gust, 1812: he chose Martin D. Hardin Secretary of State. 
This crentleman was the son of Col. John Hardin, of tried mili- 
tary excellence, and who had been perfidiously killed on a mis- 
sion to the Indians. 

During the session of the legislature of this year, a peti- 
tion was presented to them, from the old pioneer of the west, 
Daniel Boone. It stated that, "unacquainted with the niceties 
of law, he did not intend to locate land for others; but to take 
up a reasonable portion of those which were good, for the use 
of himself and his posterity. 

"To this end, he, with much struggling, after the country 
became some little settled, laid out the chief of his little 
property, to procure land warrants, and having raised about 
twenty thousand dollars, in paper money, with which he 
intended to purchase them : on his way from this country to 
Richmond, he was robbed of the whole, and left destitute of 
the means of procuring more. The few lands he afterwards 
was enabled to locate, were, through his ignorance, generally 
swallowed up and lost by better claims." 

Under these circumstances, about 1794, Boone migrated "to 
the Spanish province of Upper Louisiana, under an assurance 
from the Governor, who resided at St. Louis, that ample por- 
tions of land should be given to him and his family." "Ten 
thousand acres of choice land were marked out, and given to 
him for his own use, on the Missouri; though the title was not 
completed, because that could only be done at New Orleans, 
as he was Syndic, or chief of the district of St. Charles, and 
honored by the kindness of his superior; his actual residence 
on the land given him, which was a usual condition of a Span- 
ish grant, was dispensed with, in consequence of his public 
trust requiring his residence elsewhere." "When your memo- 
rialist came to lay his claim before the commissioners of land 
claims in that territory appointed by Congress, they were com- 
pelled, from the strict injunctions by which they were governed, 
to reject it, for want cf cultivation and settlement. Thus your 



HISTORY OF KENTUCKY. 341 

memorialist was left once more, at about the age of eighty, to 
be a wanderer in the world." 

"Having no spot he can call his own, whereon to lay his 
bones; your memorialist has laid his case before Congress." 
He therefore prayed the legislature to support his application 
to Congress by their aid and influence. 

This memorial was committed to Messrs. Y. Ewing, Hop- 
kins, Caldwell, Southgate, Bullock and Walker. The report 
submitted to the House and adopted by all the branches of the 
government of Kentucky, is too honorable to its sensibility, 
and too grateful to the moral feelings of every generous bosom, 
to be be omitted. It is as follows: 

"The legislature of Kentucky, taking into view the many 
eminent services rendered by Colonel Daniel Boone, in explor- 
ing and settling the western country,- from which great advan- 
tages have resulted, not only to this State, but to his country in 
general ; and that from circumstances over which he had no 
control — he is now reduced to poverty, not having, so far as 
appears, an acre of land out of the vast territory, he has been 
a great instrument in peopling. Believing also, that it is as 
unjust as it is impolitic, that useful enterprise and eminent ser- 
vices, should go unrewarded by a government, wherein merit 
confers the only distinction; and having sufficient reason to 
believe, that a grant of ten thousand acres of land, which he 
claims in Upper Louisiana, would have been confirmed to 
him by the Spanish government, had not the said territory 
passed by cession into the hands of the general government, 
Therefore 

^Resolved, By the general assembly of the Commonwealth of 
Kentucky, That our senators and representatives in Congress, 
be requested, to make use of their exertions to procure a grant 
of land in the said territory, to said Boone, either to the said 
ten thousand acres, to which he appears to have an equitable 
claim, from the grounds set forth to this legislature, by way of 
confirmation, or to such other quantity, and in such place as 
ghall be deemed most advisable, by way of donation. 

^'Resolved, That copies of these resolutions be transmitted 
2F* 



342 HISTORY OF KENTUCKY'. 

by the Governor, to our senators and representatives in Con- 
gress, together with copies of the memorial of said Boone, to 
this legislature for their further information." 

This interposition, so eminently due from the gratitude of 
Kentucky, was attended with the success its unparalled merits 
demanded. Congress, by an act of February 10th, 1814, ful- 
filled the gratitude of the western country, if not of the whole 
republic, to the simple, guileless spirit, united to keen sagacity 
and generous bravery, who had been one of the first explorers, 
and among the principal defenders of the infant fortunes of 
Kentucky, by granting Boone a thousand arpens of land* — t- 

The Indian difficulties on the Indiana frontier, which pro- 
duced the battle of Tippecanoe, just alluded to, were the pre- 
lude to the hostilities which were declared by the United 
States against Great Britain, on the 12th of June, 1812. 

The Indians, as had ever been their practice in the wars be- 
tween the European nations in their neighborhood, engaged as 
parties ; and generally in favor of the British. 

Several considerations might naturally produce this result; 
The British, as the weaker power, numerically, on this conti- 
nent, and greatly more lavish in bounties to the Indians than 
the Americans, possessed a stronger hold upon their affections. 
The superior growth of the American settlements, and the long 

*Land Law, United States— 642. 

I It is lainenvable to relate, that Boone was obliged to surrender this late grant from 
the bounty of his country, to reimburse a Kentuckian who had purchased land of him. 
This had been losl in the mazes of Virginia land law, and the loss fell upon Boone as the 
warrantor of the title. 

It may be added, Boone declared, that all his lands in Kentucky had "proved an injury 
to him, rather than a benefit, owing to ihe uncertainty of his locations," according to the 
rules of law. He abandoned Kentucky in despair of ever enjoying any land there, and 
declared, on the west side of the Missi^ippi, he would never recross it." 

This early hunter was a plain gentlemanly man, of good memory, mild and equable; 
nor did he possess any of the s'lovenly habits of the back-woods character. He was 
indifferent in money matters, and left all his land pajiers in the hands of Colonel J. 
Floyd; on whose death he never enquired into them again. The love of the chase waa 
"his ruling passion strong in death;" h« adhered to it, till he was too weak to encounter 
its privations and hardships; when his friends had to resort to stratagems, to prevent an 
indulgence too dangerous for his advanced age and increased debility. He lived and 
died with a favorite child, passing his time among all his children who lived near him, 
in the State of Missouri.! Boone, thougii an intrepid atid sagacious pioneer, never was a 
leading' chief in the conquest and settlement of Kentucky. This is a popular mistake. 
George Rogers Clark was the great chief, by general consent, and after him, Floyd; John, 
Levi, and Robert Todd; B. Logan; Hardin; Christian and Whitley, were the military 
leaders. Colonel Christian had scarcely connected himself with Kentucky, when he was 
killed by the Indians: he had distinguished himself against the Indians on the Tennessee. 

J Letter from Judge David Todd, of Missouri, to the author. 



HISTORY OF KENTUCKY. 343 

and recent hostilities waged with our people, necessarily made 
us obnoxious to their fears and to their hate. 

Through the operation of these causes, shortly after the 
commencement of the war with Great Britain, the Indians, 
from the lakes to the Mississippi, spread their devastations 
along the whole north-western frontier of the United States. 

Kentucky was herself beyond their reach ; she was covered by 
the panoply of her own children, who had emigrated to the new 
States on the north-west of the Ohio river. Her feelings, how- 
ever, were as keenly alive to the sufferings of the frontier peo- 
ple, as when her own soil had been the theatre of the bar- 
barous hostilities waged by the savages of North America. 

The first efforts required of Kentucky in this second British 
war were, to detach fifleen hundred men from her quota of five 
thousand five hundred in the call of one hundred thousand 
from the confederacy. These, consisting of volunteers under 
Colonels John M. Scott, William Lewis, and John Allen; and 
with a regiment of regulars commanded by Samuel Wells, 
(the ancient friend of Colonel Floyd, in his defeat,) rendez- 
voused at Georgetown, on the 15th of August, 1812. Brigadier 
General John Payne took command of the brigade. The over- 
flowing ardor of the people of Kentucky, swelled this body 
of troops to two thousand men, a regiment beyond the number 
required. They were composed of the very elite of our popu- 
lation, embracing several of the brightest ornaments of pro- 
fessional men, as well as the fairest promise among the 
young; the very flower of life, and of Kentucky. The troops 
proceeded to Newport, burning to avenge the wrongs of their 
country ; and ambitiously anticipating a junction with General 
Hull, who was supposed to be at Maiden or Detroit. Bitter 
indeed was their disappointment, and distressing their mortifi- 
cation, when on reaching the Ohio river, they learned the das- 
tardly and disgraceful surrender of, Detroit, and the Michigan 
Territory, by General Hull, to the British oflicer, General 
Brock. 

With this surrender was coupled that of three fine Ohio 
regiments, under Colonels Findlay, McArthur, and Cass; who 



344 HISTORY OP KENTUCKY. 

have since risen so high, and deservedly, in the honors of their 
country. 

These regiments contained the same choice spirits of the 
soHd and gallant people of Ohio, that had so eagerly rushed to 
the standard of their country in Kentucky. The loss of this 
fine corps of men crippled the military resources of the State, 
most materially, frontier as she was, in subsequent requisitions 
of the service. 

The shock to the whole western country was electric indeed, 
the anticipation of Indian devastation was equalled by the 
mournful results. The western country put on its armor, the 
land bristled with the weapons of war, and military ardor 
animated all classes of people. The residue of the Ken- 
tucky quota was ordered into service, to be placed under 
General Harrison, who had command of all the troops in 
the Indiana and Illinois territories,- and who now meditated 
a campaign against the Indians on the Illinois river. 

This officer, a pupil of the energetic Wayne in '92, had 
distinguished himself gallantly and efficiently in the hard 
fought battle of Tippecanoe; he visited Frankfort, by desire 
of Governor Scott,* to make arrangements for the march 
of the Kentucky detachment. Letters were now received 
at the above mentioned place, as well as at Cincinnati, from 
the officers on duty under General Hiill, expressive of their 
loss of confidence in their commander; and conveying "their 
apprehension of some fatal disaster from his miserable ar- 
rangements, and apparent imbecility and cowardice." These 
communications likewise conveyed the ardent wishes of the 
writers, that General Harrison should have the command ; and 
it was equally the desire of the detachment marching to 
Detroit. Still there were considerable obstacles to regarding 
these recommendations ; so strong in favor of an officer, who 
was to be placed over ^iDlunteers, at the opening of a war 
which was so popular in the west. Governor Harrison was 
not a citizen of Kentucky, much less an officer in her militia. 
The crisis, however, demanded energy; and Governor Scottj. 

K M'Afee, p. 107. Dawson's Life of Ilaviison, 5"2. 



HISTORY OP KENTUCKY. 345 

though he had but two days of his gubernatorial term remain- 
ing, had been the veteran of too manj^ fields, not to exert every 
resource required b}* the emergency. 

In this embarrassment, he called upon his vendrable fellow 
warrior and successor. Governor Shelby; his predecessor, 
Governor Greenup ; Henry Clay, then Speaker of the House of 
Representatives; Judge Todd, of the Supreme court of the 
United States; Hon. R. M. Johnson, and General Samuel Hop- 
kins, with several other distinguished citizens, for their advice 
in this delicate exercise of authority. "It was unanimously 
resolved to recommend to Governor Scott to give Harrison a 
brevet commission of Major General in the militia of Kentucky, 
and authorize him to take command of the detachment now 
marching to Detroit." 

The recommendation was complied with; and General Har- 
rison was appointed* to this important command, which he 
immediately assumed, to the most enthusiastic delight of the 
troops. In addition to this body of men, on the 25th of August, 
a corps of mounted men were called for, to march without 
delay. The Colonels Johnson, both Richard M. (since grown 
old in long, faithful, and honorable services to Kentucky and the 
United States,) and his elder brother, James, with Captain John 
Arnold, a veteran of '94, in a few days, raised overflowing 
companies of mounted riflemen ; and joined the main army. 

To provide for the defence of Indiana, a large corps of 
mounted men, under the command of General Hopkins,! of the 
revolutionary army, was ordered to "repair immediately to Vin- 
cennes." 

At this time Kentucky had the proud number of more than 
"seven thousand of her citizens in the field ;"| a fact evincing 
the military ardor of her people, more than volumes of narra- 
tion. She was, in fact, a State in arms. It was amidst this 
bright fire of military spirit in the western country, itself so 
detached from the observation and the orders of the ^general 

* See Governor Scott's order, in Appendix. 

fThis officer had been designated to command the whole detachment subsequently 
placed under General Harrison. 
IM'Afep, 1]]. 



346 HISTORY OF KENTUCKY. 

government; that Governor Shelby, who had now succeeded 
Governor Scott, urged on the war department the revival of a 
local board of war. This measure, it will be recollected, had 
been authorized under the administration of General Washing- 
ton. Governor Shelby's idea was,* "appointing a board of 
respectable characters, resident in the western country, respon- 
sible to the" President, "in any way it shall be his pleasure to 
direct, with power to call into service, under the laws of Con- 
gress, the militia which may be required;" "to direct their 
operations either of offence or defence; to require from the 
department of war, all the munitions of war necessary for the 
supply of the troops, and all necessary equipments; to have 
control over the subordinate agents of the war department 
within the district assigned them ; and to make it the duty of 
the board to report to the department of war, from time to time, 
the measures by them adopted." This proposition does not 
1 eem to have been relished in the cabinet of President Madi- 
son; though it was not directly repelled. The Secretary at 
War adroitly remarked! upon it, in his reply to the Governor, 
"that whether" such a board "could be clothed with the powers 
suggested, is a question requiring consideration." He added, 
that "it has been determined to vest the command of all the 
forces on the western and northwestern frontier in an officer, 
whose military character and knowledge of the country appear 
to be combined with the public confidence. General Harrison 
has accordingly been appointed to the chief command, with 
authority to employ officers, and to draw from the public, and 
every other practicable source, all the means of effecting the 
object of his command:" an extent of command and of discre- 
tion, which implied the most unreserved confidence of the 
administration in the skill and the zeal of General Harrison. 
It was most richly merited, and gallantly repaid; by this com- 
mand the General was replaced on a theatre which he had 
occupied twenty years before. 

On the 3d of September, the troops arrived at Piqua ; a town 

* Letter to Secretary Eustis, September 5th, 1812. 

t Letter of Secretary Eustis to Governor SlieU)y, of the 17th September, 1812. 



HISTORY OF KENTUCKY. 347 

eighty miles from Cincinnati, and only three miles from the 
extreme frontier. It is situated on the bank of the Great 
Miami, and had formerly constituted an object; now it was 
only a stage in the military operations of Kentucky. Here 
General Harrison, learning that Fort Wayne, was invested by 
the Indians; detached "Colonel Allen's regiment, with two 
companies from Lewis' and one from Scott's regiment, with 
instructions to make forced marches for its relief." A body 
of seven hundred mounted men, under command of Colonel 
Adams, of the Ohio militia, after their late exhaustion by the 
imbecility of Hull, advanced as far as the St. Mary's, with the 
same view. It embraced the first and most respectable charac- 
ters of the State and of Cincinnati : the fervor which animated 
Kentucky had its full counterpart in the feelings of the next 
eldest sister of the western family. "Such, indeed, was the 
ardor of the citizens to serve in this way, that every road to 
the frontiers was crowded with unsolicited volunteers." "On 
the evening of the 4th, General Harrison received further 
intelligence, that a British and Indian force had left Maiden on 
the 18th of August, to join the Indians already" engaged in the 
siege of Fort Wayne. 

On the 6th, after receiving a supply of flints, which had 
been utterly wanting, the troops made forced marches till, on 
the 8th, they overtook Colonel Allen's regiment at the St. 
Mary's. At this point he had halted, by orders from the 
General, to build blockhouses for the security of provisions and 
the protection of the sick." From this time, the troops, 
including the corps of mounted volunteers, now "two thousand 
two hundred strong," were placed on half rations. 

While at Piqua, a Shawnee half blood by the name of Logan, 
(a former captive to General Logan, of Kentucky,) at the desire 
of the Indian agent, penetrated through the Indian force to 
Fort Wayne. He brought intelligence of the actual siege, and 
that the British reinforcement had not passed up the Maumee. 
The Indians had not been inattentive to ascertaining the 
movements of our troops: their scouts from Fort Wayne had 
not been able to get round our camp before daybreak. They 



348 HISTORY OF KENTUCKY. 

returned to their fellow warriors with the exclamation, that 
"Kentuc was coming, as numerous as the trees!" The army 
now advanced at a slow rate ; "scouts were placed from half a 
mile to a mile in front, and also heyond the right and left 
flanks." By the 11th instant, the fort was approached hy our 
troops within twenty miles; and when the army had halted, the 
whole encampment was immediately "fortified with a breast- 
work of logs, and the brush cleared away for thirt}'^ paces on 
the outside." During the night, the alarms of Indians "attempt- 
ing to approach and examine the camp" were frequent. 

Early the next morning, the troops Avere in motion, fully 
expecting to meet the Indians at a remarkable swamp, five 
miles on this side of Fort Wayne, As the army approached 
this critical passage, the horsemen under Adams and Johnson 
(the latter of whom had been elected Major) were ordered to 
march round it on the right and left; while the main army 
passed over. At this passage, the swamp was only one 
hundred yards wide; although generally it was three times 
this distance in breadth, and about one mile in length. Our 
troops passed without the least sign of an Indian, until they 
got through; where they found the marks of a recent Indian 
encampment. A single Indian was the only vestige of the 
late besieging army; most of whom had fled the previous even- 
ing, and some only a few minutes before the appearance of 
the army. Could confidence in their own military arts be 
exhibited more undauntedly, than by these facts? About two 
hours before sunset, the troops arrived at the fort, to the great 
relief of its harrassed garrison. 

This spot, so remarkable in the history of the western 
country, richly deserves a brief description. It is delightfully 
situated below the junction of the St. Mary's and the St. 
Joseph's, on the south side. It was known to the French, as 
Ome*, and was the principal town of the Miamis, for more 
than a century ; it had been the principal rendezvous for the 
Indians of the lakes, and of the Wabash and the Illinois. The 

* 

* A corrupt orthography and abridgment of the French term Au, or Aux Miamis; as 
Au Cas is a corruption of Au Kaskaskias, to Kaskaskia. 



HISTORY OF KENTUCKY. 349 

French traders had frequented it before 1755. The conve- 
niences of navigation from this point, had no doubt, principally 
contributed to make it a resort to such extent. "The Miami," 
or Maumee, to distinguish it from the Miami rivers of the 
Ohio, "is navigable for boats from this place to the lake, and 
the portage to the nearest navigable branch of the Wabash, is 
but seven or eight miles, through a level, marshy prairie, from 
which the water runs both to the Wabash and St. Mary's." 

The next day after the arrival of the army, it was deter- 
mined to divide it into two corps; and to proceed "in quest 
of the Indians and their towns. The first division was com- 
posed of the regiments of Lewis and Allen, and Captain Gar- 
rard's troop of horse, under General Payne, and accompanied 
by General Harrison."* The second was placed under Colonel 
Wells, with a battalion of his own regiment, under Major 
Davenport; Scott's regiment, the mounted battalion, under 
Johnson, and the mounted men from Ohio under Adams, com- 
posed the second detachment." The principal intention of 
these expeditions was, to destroy the provisions of the Indians, 
"so that they could not find the means of subsistence." "The 
party under General Payne having traversed a fine region of 
country, arrived on the 15th at the village in the forks," 
which had been abandoned by the Indians. They encamped 
in the town, and cut up the corn and other vegetables in the 
fields." 

Merciless as these hostilities seem, what other blows could be 
struck against an enemy, so Parthian in its movements, and yet 
so ferocious in its warfare? Still they must have materially ex- 
asperated the minds of the Indians, and whetted their appetite 
for new and fiercer outrages upon the whites. It is the melan- 
choly character of retaliation, to know no termination to its 
horrors; and to increase its dreadful fury, by every additional 
gratification. Other towns shared the same fate, without our 
having lost a man, or having seen a living Indian. 

"The tomb of a chief, built of logs and daubed with clay, 
was found in one of these villages. He was laid on his blan- 

* McAfee, 127 

2G 



350 HISTORY OF KENTUCKY. 

ket, with his gun and his pipe by his side, a small tin pan on 
his breast, containing a wooden spoon and a number of ear 
rings and broaches — all deemed necessary, no doubt, on his 
journey to the other world." 

The party under Colonel Wells had to march about sixty 
miles to the town against which they were sent. On the 16thy 
having crossed the Elkhart, (a branch of the St. Joseph's, of 
Lake Michigan,) above the village, "the troops surrounded the 
town, but to their deep mortification, found it abandoned, with 
abundance of provisions in it. "This village was called Five 
Medals, from a chief of that name, who made it his residence. 
On a pole before the door of that chiefs cabin, a red flag was 
hung, with a broom tied above it; and on another pole at the 
tomb of an old woman, a white flag was flying. The body of 
the old woman was placed upright, with her face to the east, and 
a basket beside her containing trinkets; such as owl and hawk 
bills, claws, and a variety of bones, and bunches of roots tied 
together; all of which indicated that she had been revered as a 
sorceress, and probably as a doctress.'" In proof of the intelli- 
gence which the enemy procured, it must be mentioned, that a 
Cincinnati newspaper, containing an account of General Har- 
rison's army, was found in one of the Indian huts. The vil- 
lage, with seventy acres of corn, was all destroyed. The 
troops returned to the fort by the 18th, "a few hours after the 
party under Gen. Payne." 

By the 17th, Colonel Simrall, at the head of a regiment of 
three hundred and twenty dragoons, armed with muskets, and 
a company of mounted riflemen, under Colonel Farrow, of 
Montgomery county, Kentucky, arrived at Fort Wayne. This 
re-enforcement was immediately despatched against the town 
of Little Turtle, about twenty miles to the north-west, with 
orders to destroy it all except the buildings erected by the 
United States, for the chief of that name. This chief had 
shown a friendship for the Americans after the treaty of Green- 
ville, in 1795; which had contributed greatly to the preservation 
of peace. The orders of Colonel Simrall were executed "with 



HISTORY OF KENTUCKY. 351 

promptness and despatch, and on tlie 19th he returned in the 
evening to the fort." 

Brigadier General Winchester, of the United States Ar- 
my, now arrived to take command of the troops, by orders 
from the department of war;* then uninformed of the sur- 
render of Hull, or the appointment of General Harrison. 
This collision in command, had a most unhappy effect upon 
the troops; for the character of militia above all others, re- 
quires their feelings and affections to be consulted in the 
appointment of their officers, in order to command their full 
exertions. It took all the influence of General Harrison and 
the field officers, to reconcile the men to this change in 
their commander. This may well be conceived from the 
following honorable testimony by General M'Afee,! himself 
an actor in these busy scenes. "He was affable and cour- 
teous in his manners, and indefatigable in his attention to 
every branch of business. His soldiers seemed to anticipate 
the wishes of their General. It was only necessary to be 
known, that he wished something done, and all were anx- 
ious to risk their lives in its accomplishment. His men would 
have fought better and suffered more with him, than with 
any other general in America." 

On the 19th the command of the troops was transferred 
by a general order of Harrison, to Winchester; at the same 
time, any troops deemed necessary to the plans of his suc- 
cessor, were magnanimously offered by the former officer. 
He now returned "to take command of the troops collect- 
ing in the rear, and to prepare for a mounted expedition 
against Detroit. He intended to moke a coup de mainf on 
that pla(;e, with a mounted force, which should march by 
an unfrequented route from Fort Wayne, up the St. Joseph's 
to the head waters of the river Raisin." The troops with 
which this expedition was intended to be made, "were the 
three regiments from Kentucky, under Barbee, Poague and 
Jennings, with three companies of mounted riflemen from 
the same State, under captains Roper, Bacon and Clarke, 

* Dawson, 291. f M'Afee, 131. X A sudden and rapid attack on an enemy. 



352 HISTORY OF KENTUCKY. 

and a corps of mounted men from Ohio. The latter was 
commanded by Colonel Finley, of the revolutionary ser- 
vice. 

This alert movement was, however, modified by a com- 
munication from the war department, on the 24th of Sep- 
tember, appointing General Harrison, "to the command of 
the north-western army," which was promised to be fil- 
led up to the number of ten thousand men. This des- 
patch contained this more pregnant instruction, that, "Hav- 
ing provided for the protection of the western frontier, you 
will retake Detroit, and with a view to the conquest of 
• Upper Canada, you will penetrate that country as far as 
the force under your command will, in your judgment 
justify." This strain of unqualified and high expectation on 
the part of the administration, was corroborated by another 
despatch of the 23d inst., to the following purport: "You 
are already apprized of the solicitude of the government, 
that every thing that can be done, shall be done, towards 
recovering the ground lost, and extending successful opera- 
tions in Canada." Still most honorable, discretion was left 
to the superior information and judgment of the General on 
the spot; and the contractor, commissary, and quartermaster's, 
departments were placed under his orders. The extent of 
this command, and the difficulties attendant upon it, merit 
particular attention, in order to appreciate its discharge. 
The territory itself extended from the western frontier of 
Pennsylvania, to the territory of Missouri inclusive; the popu- 
lation was sparse and scattered, the principal enemy, that 
was to be attacked, was separated by a swampy wilderness 
of two hundred miles in extent, almost impassably deep in 
a wet season ; the country generally the seat of the fierce and 
wily savages of the north-west. The troops to be employed 
against these antagonists, though of vigorous and manly bra- 
very, were undiciplined, and most ill provided for a win- 
ter campaign in this high northern latitude. Such is a faint 
sketch of the obstacles to success, in executing the high 
military trust, now confided with so much patriotic hope. 



HISTORY OF KENTUCKY. 353 

to our young western General. Tiie plan adopted to meet 
the duties incumbent upon him was, to collect the troops 
at four points, Wooster, Urbanna, Fort Defiance and St. 
Mary's. From these points the object of concentration for 
his troops, was the rapids of the Maumee. The forced ex- 
pedition at first adopted against Detroit, was now abandoned; 
because the infantry could not be in readiness to secure, 
and retain the acquisition, should it be made. 

The base line of the ncv/ campaign, was, one drawn from 
Upper Sandusky along the southerly side of the swampy dis- 
trict, to St, I^Iary's, at the head of the river of the same 
name. These two places, with Fort M'Arthur between them, 
were intended as the depots for provisions, artillery and mili- 
tary stores. The troops at Defiance, in the fork of the 
Au Glaize and the Maumee, were intended to act as a 
corps of observation ; and when the artillery should be brought 
to Upper Sandusky, then they were to advance to the Rapids. 
At Lower Sandusky, a corps of observation was also sta- 
tioned, which, with that at Defiance, would form the ex- 
tremeties of a new military base, when the army should 
have reached the advanced position mentioned on the Maumee. 
These arrangements covered the frontiers by the different 
corps, and kept the troops within the bounds of the ordi- 
nary contractors; while the quarter-masters were accumu- 
lating provisions farther in advance, and procuring means 
of transportation across the difficult district of counti-y, so 
well termed the black swamp. 

General Winchester was left at Fort Wayne, in the com- 
mand of the troops surrendered to him by General Harrison. 
The latter officer had proceeded to St. Mary's, where about 
three thousand men were collected, for the purpose of the 
expedition against Detroit alreadv alluded to. This expe- 
dition, it will be recollected, had been abandoned by the com- 
manding General, for reasons which have been already as- 
signed. Whilst in this position, information* was receiv- 
ed by Quarter-master Thomas D. Carneal, that a large 

« Dawson, 306. 

2G* 



354 HISTORY OF KKS'TUCKV. 

force of British and Indians, with artillery, was passing up 
the left bank of the Maumee, towards Fort Wayne. General 
Harrison immediately determined by a rapid march upon the 
confluence of the Au Glaize with the Maumee, to try and inter- 
cept the return of this detachment, knowing it would be met in 
front by the corps of Winchester. The force under the im- 
mediate command of the General at this time, consisted of 
some troops of cavalry from Ohio and Kentucky ; the mounted 
corps of Finley"* of the former State, and of R. M. Johnson, 
belonging to the latter; together with the infantry regiments 
of Poague, Barber, and Jennings. The latter officer with 
his regiment, had previously been detached to erect an inter- 
mediate post between St. Mary's and the confluence of the 
Au Glaize, called Fort Jennings. 

On the 30th of September, General Harrison set out on the 
proposed expedition; apprehensive that the infantry would too 
much retard his progress, after the first day's march, the 
two regiments were ordered to return; and the General, at 
the head of the cavalry, continued his march. No weather, 
or condition of a country could be more trying to the feelings 
and the subordination of irregular troops, than during this 
forced expedition of General Harrison. The rain fell in tor- 
rents; the flat beech woods were covered with water; and 
they were so swampy that the horses sank half leg deep at 
every step. On the close of the second day's march, the 
troops encamped in a bottom of the Au Glaize. 

"A description of the bivouac of this night will serve for 
that of many similar ones which were passed by the Gen- 
eral and his troops during this campaign, with the excep- 
tion of the increase of suflfering from the severe cold of 
winter. The troops being on a forced march, were not 
suffered to encamp, as long as there was light enough to 
march: they were formed as well as possible in an order 
of encampment, and guards placed out. The ground of the 
encampment here spoken of, was on the side of the Au- 

* An old and distinguished infantry officer of Lee's legionary corps in the American 
Revolution. 



HISTORY OF KENTUCKY. 355 

Glaize river, in a flat beech bottom, which was nearly cov- 
ered by the water from the rain which fell in torrents during 
the whole night. The troops were without axes, and their 
tomahawks could efl^ect nothing with the large green beech 
trees. Happy were they who could find a dry log in which 
a fire could be kindled; those who had not this good fortune 
were obliged to content themselves with passing the night 
sitting on their saddles at the roots of the trees, against 
which they leaned and procured a little sleep. Being sepa- 
rated from the baggage, there were few who had any thing 
to cat, or spirits to drink. In a situation of this kind, men 
ar€ peevish and ill-natured, in the venting of which a thou- 
sand circumstances continually occur. To prevent ebullitions 
of this kind, and to produce more pleasant feelings, the Gen- 
eral, seated round a small lire, with his staff, wrapped in 
his cloak, and taking the rain as it fell, directed one of his 
officers to sing an Irish glee: the humor of this song, and 
the determination which seemed to exist at head quarters 
to put circumstances at defiance, soon produced cheerfulness 
and good humor throughout the camp. The General was 
afterwards joined by a Kentucky officer, who sung a glee 
beginning with 

"Now's the time for mirth and glee, 
Sing, and laugh, and dance with me." 

"This became the favorite air, and in all situations of diffi- 
culty, whether suffering the peltings of the storm, or traversmg 
the swamps up to the knees in mud and ice, it was resoun- 
ded in full chorus: the singular contrast between the words 
of their song and their actual situation, affording cause of mer- 
riment, and a fruitful source of whimsical remark." 

The clouds which had overhung the countenances of the 
men were soon dispersed, and cheerfulness, if not content, 
was restored to the camp. 

By day-break of the next morning, the march was resumed; 
the troops being required to be in readiness to mount by 
reveillee. In the course of the next day, the General was met 
by an officer from General Winchester, who informed him of 



350 HISTORY OF KENTUCKY. 

the latter officer's arrival at Fort Defiance, and that the united 
body of British and Indians had retired down the Maumee. 
He then prosecuted his march, with a small escort, to Win- 
chester's camp, leaving his detachment to come up more at 
their leisure. He arrived late at night. 

At this post, a revolt in Colonel Allen's regiment took place, 
which, for its honorable termination, as well as from motives 
of historical fidelity, requires to be mentioned. It has been but 
obscurely alluded to by General McAfee and Mr. Dawson. 

Soon after General Harrison's arrival at camp, and after he 
had retired to enjoy some little repose, so welcome to any one, 
who had been exposed on the preceding comfortless and forced 
expedition; he found himself suddenly awakened by Colonel 
Allen, and Major M. D. Hardin. These officers were the 
bearers of the mortifying news, that Allen's regiment, ex- 
hausted by the hard fare of the campaign, and disappointed ia 
the expectation of an immediate engagement with the enemy, 
had, in defiance of their duty to their country, and all the 
earnest impassioned remonstrances of their officers, determined 
to return home. These officers assured General Harrison that 
they could do nothing with their men ; that their representa- 
tions were answered by insults alone. They begged the Gen- 
eral to rise and interfere, as the only officer who had any pros- 
pect of bringing the mutineers back to their duty. He re- 
fused to interfere at that time ; but assured the gentlemen that 
he would attend to the serious object of their request, in his 
own way and at his own time. The officers retired; in the 
mean time General Harrison sent one of his aids to direct 
General Winchester to order the alarm, or point of war, to 
be beat on the ensuing morning, instead of the reveillee. This 
adroit expedient brought all the troops to their arras, the first 
thing in the morning. It diverted the spirits of the discontent- 
ed troops into a new channel of feeling; and prepared them 
for the subsequent events. 

On the parading of the troops at their posts. General Win- 
chester was ordered to form them into a hollow square. Gen- 
eral Harrison now appeared upon parade, much to the surprise 



HISTORY OF KENTUCKY. 357 

of the troops, who, from his late arrival in camp, were unap- 
prized of his presence. If the sudden and unexpected arrival 
of their favorite commander had so visible an cflect upon the 
men, his immediate address to them fully preserved the im- 
pression. He began by lamenting that there were, as he was 
informed, considerable discontents in one of the Kentucky 
regiments : this, although a source of mortification to himself, 
on their account, was happily of little consequence to the gov- 
ernment. He had more troops than he knew well what to do 
with at the present stage of the campaign ; he was expecting 
daily the arrival of the Pennsylvania and Virginia quotas. It is 
fortunate, said this officer, with the ready oratory for which his 
native Virginia is so famed, that he had found out this dissatis- 
faction before the campaign was farther advanced, when the 
discovery might have been mischievous to the public interests, 
as well as disgraceful to the parties concerned. Now, so far 
-as the government was interested, the discontented troops, who 
had come into the woods with the expectation of finding all the 
luxuries of home and of peace, had full liberty to return. He 
would, he continued, order facilities to be furnished for their 
immediate accommodation. But he could not refrain from ex- 
pressing the mortification he anticipated for the reception they 
would meet from the old and the young, who had greeted them 
on their march to the scene of war, as their gallant neighbors. 

What must be their feelings, said the General, to see those 
whom they had hailed as their generous defenders, now return- 
ing without striking a blow, and before their term of plighted 
service had expired ? But if this would be the state of public 
sentiment in Ohio, what would it be in Kentucky ? If their 
fathers did not drive their degenerate sons back to the field 
of battle to recover their wounded honor; their mothers and 
sisters would hiss them from their presence. If, however, the 
discontented men were disposed to put up with all the taunts and 
disdain, which awaited them, wherever they went, they were. 
General Harrison again assured them, at full liberty to go back. 

The influence of this animated address was instantaneous. 
This was evinced in a manner most flattering to the tact and 



358 HISTORY OP KENTUCKY. 

management of the commander. Colonel J. M. Scott, the 
senior Colonel of Kentucky, and who had served in the armies 
of Harmar, St. Clair, and Wayne, in the medical staff, now- 
addressed his men. These were v/ell known in the army 
as the "Iron Works," from the neighborhood from which they 
had come. "You, my boys," said the generous veteran^ 
*^will prove your attachment for the service of your country,, 
and your General, by giving him three cheers." The address 
was attended with immediate success, and the air resounded 
with the shouts of both officers and men. 

Colonel Lewis next took up the same course, and with the 
same effect. 

It now became the turn of the noble Allen again to try the 
temper of his men. He begged leave of the General to ad- 
dress them: but excess of emotion choked his utterance; at 
length he gave vent to the contending feelings of his heart, 
in a broken, but forcible address, breathing the fire which ever 
burned so ardently in his breast. At the close of it, how- 
ever, he conjured the soldiers of his regiment to give the 
General the same manifestation of their patriotism and re- 
turning sense of duty, which the other Kentucky regiments 
had so freely done. The wishes of their high spirited offi- 
cer were complied with; and a mutiny was nipped in its 
bud, which might, if persisted in, have spread disaffection 
through the Kentucky troops, to the disgrace of our gallant 
State, and the lasting injury of the public cause. No troops 
however behaved more faithfully or zealously through the re- 
mainder of their service, till the greater part of them offered up 
their lives in defence of their country on the fatal field of Raisin. 

General Harrison having quelled this unhappy disturbance, 
in the subordination of the troops, now made his arrange- 
ments with general Winchester, for the full command of the 
left wing. To this officer were committed the regulars under 
Colonel Wells, the regiments of Scott, Lewis and Allen, already 
mentioned, and the additional regiments under Colonels Poague, 
Barbee, and Jennings. Colonel Bodley, the quarter-master of 
this wing, an efficient and zealous officer of Kentucky, waff 



HISTORY OF KENTUCKY. 359 

fully empowered by General Harrison to draw upon the treasury 
for the carrying into effect all orders which he might receive 
from General Winchester, for the supply of his command. 

It now became necessary for the commanding General to 
direct his attention to the arrangements for the accommodation 
of the troops, which were marching to his reinforcement from 
Pennsylvania and Virginia. These, together with the brigade 
of General Perkins, of the Ohio militia, constituted the right 
wing of the army. Not only provisions were to be collected 
for this body of men, but all the materiel of war, ammunition 
and artillery were yet to be obtained. It will hardly be be- 
lieved in the future history of America, that when but two 
pieces of disposable artillery of small calibre had, by the dis- 
graceful surrender of Hull, been left in the western country, 
and which the commanding General informed the Secretary at 
War, he had rather be without, cannon should have been sent 
to Pittsburg without their carriages. Yet such was the fact; and 
when the whole country supposed General Harrison was tho- 
roughly supplied with all the munitions of war, which the gov- 
ernment was so able to furnish; the trees were still growing 
about Pittsburg, out of which, the carriages of the artillery 
were to be manufactured.* 

This was the state of protracted destitution of the army, in 
regard to a most important military arm. 

Colonel Morrison, an old revolutionary officer, and Colonel 
William Piatt, had been appointed deputy Quarter-masters 
General in the service, to act at the head oft heir department in 
the north-western army. These officers were placed under the 
command of General Winchester; and he was fully informed of 
the general plan of the campaign by General Harrison,t ^^^ 
thus became responsible for the part assigned him, in the gene- 
ral operations of the military service. 

General Tupper, of the Ohio militia, with the mounted troops 
which had accompanied General Harrison, a portion of whose 
time of service yet remained, was now destined to lead an ex- 
pedition against the Ottawa towns, on the eastern waters of the 

* McAflfee. t Dawson, 309, for Harrison's despatch. 



3b0 HISTORY OF KE^TUCKY. 

All Glaize. But owing to some disagreement between Generals 
Winchester and Tupper, the causes of which have not been 
fully explained, together with great insubordination among the 
troops, the expedition was abandoned, and the troops were 
shortly after disbanded. 

The commanding General had, however, previously pro- 
ceeded to organize the right wing of the army. Before re- 
suming the course of events in this part of the theatre of war, 
it will be necessary to complete the narrative of operations, on 
the extreme left of the military district. 

The left wing of the army had now been confided to General 
Winchester, who had accepted it, at the solicitation of General 
Harrison, with the utmost harmony, rather than accept a com- 
mand on the Niagara. The great object of all the military 
exertions was, at this time, to accumulate a sufficient stock of 
provisions for the main expedition against Detroit. 

In the interim, an expedition was deemed necessary for the 
protection of Indiana and Illinois territories; these had also 
been confided to general Harrison. The depredations of the 
Indians had become harassing and destructive. To effect this 
object. Gov. Shelby issued his proclamation, inviting volunteers 
for this purpose, under Major General Samuel Hopkins, (who 
had been designated by General Harrison,) to meet at Louisville, 
on the 18th of September, with at least thirty days' provision. 

In compliance with this invitation, more * than two thousand 
volunteers assembled at Louisville, Red Banks, and at other 
places on the Ohio, upon their way to Vincennes. So over- 
flowing was the zeal of Kentucky, at this time, that the Gov- 
ernor had to turn back several hundreds at Louisville and 
Frankfort. 

It was then, that a veteran in one of the companies that were 
turned back, remarked, "well, well, Kentucky has often glutted 
the market with hemp, flour, and tobacco, and now she has 
done it with volunteers." 

At Vincennes, these troops were formed into four regim.ents, 
to be commanded by Colonels Samuel Caldwell, John Thomas, 

* McAlTee, 157. 



HISTORY OF KENTUCKY. 361 

James Allen, and Young Ewing; two brigades were formed of 
these, and placed under General James Roy, of early fame in 
the history of Kentucky, and General Jonathan Romsey. A 
fifth regiment was formed after this organization, under Colonel 
Samuel South. Early in October, this imposing corps was 
marched to fort Harrison, on the Wabash, where they drew ten 
days' provisions ; after crossing this river to the west, the troops 
were informed, that the General intended marching to the 
Kickapoo village, on the waters of the Illinois river. This was 
stated by the guides, to be eighty-five miles distant, in a north- 
west direction; the army pursued this direction, sometimes 
varying to the north-east, and crossing several trails of Indians, 
which all bore to the westward, till the provisions and forage of 
the army were found to be alarmingly scarce. The General 
now undertook to act as guide himself, and changed the direction 
of the march to the west; but after proceeding one day on this 
course, a council was called, which was unanimously of opinion 
"that* in the starving situation of both men and horses, with a 
very uncertain prospect of finding the enemy soon, it was most 
proper to abandon the pursuit and return.'" The General, how- 
ever, requested the troops to continue the pursuit another day; 
but their sense of suffering was too keen, and the uncertainty 
of the situation of the enemy so utter, that "they unanimously 
took the direction to Vincennes, notwithstanding the remon- 
strances of the general officers." It hasj since been ascer- 
tained, that the town which had been the destination of the ex- 
pedition, was situated sixty or seventy miles farther west. This 
ignorance respecting the topography of the Indian country, 
which has for so long a period embarassed our expeditions into 
their territory, ought long ago to have admonished govern- 
ment to execute a topographical survey of the Indian country. 
Such a survey, should exhibit the situation of every durable 
Indian village within the boundaries of the republic. 

The insubordination exhibited by too large a portion of the 
Kentucky troops on this expedition, may not in justice be 

* McAflec, 150, 160. 

t General Hopkins, however, asserts in his letter to Gov. Shelby, that they were but 
twenty miles off. Niles' Reg. 3(1—214. 

2H 



362 HISTORY OP KENTUCKY. 

passed over, without the pointed censure and rebuke of 
history. 

One of its great moral purposes is, to sit in judgment on the 
actions of mankind; and conscientiously to lift its small and 
still voice against every departure from the duties of life* 
These appeals, noiseless as they are, find their support and 
influence in the moral sense of mankind; and thus contributes 
to secure society in some degree, from their repetition. 

The ardor of Kentucky, ever bordering on impetuosity, is 
constantly in danger of degenerating on suspicion, or dislike, 
into uncontrollable obstinacy. It is their national energy per- 
verted by want of adroitness, or other inaptitude, in its man- 
agement. The General himself, was debilitated in health; a 
most unfortunate circumstance, where so much must depend on 
personal influence, and physical energy, as in a command over 
irregular and undisciplined troops. 

Still, this officer, after marching this formidable and promis- 
ing expedition back to fort Harrison, by the 6th of October, 
"without hardly obtaining the sight of an enemy," determined 
to use his exertions in the service of his country, with a perse- 
verance worthy of a better fortune. 

Accordingly on the 11th of November, another party of about 
twelve hundred and fifty men set off*, consisting of the regiments 
of Colonels Barbour, Miller, and Wilcox, with a small party of 
regulars under Major Zachariah Taylor, the intrepid and col- 
lected defender of fort Harrison, and a corps of rangers and 
scouts, under the command of Captains Washburn and Beckers, 
of Indiana. The provisions, military stores, &c., were em- 
barked on board of some boats commanded by Colonel Barbour. 

A rise of the waters of the Wabash, impeded the ascent of 
the boats so much, that it was the 19th of the month before 
they reached the Prophet's town, below Tippecanoe creek. 
^'Several days were spent in reconnoitering the country, and 
in destroying the evacuted villages,* in the neighborhood, to- 
gether with the corn and other resources, which had been left 
about them." The Prophet's town, "destroyed about a twelve 

* M'Afee, 161. 



HISTORY OF KENTUCKY. 363 

month ago, by General Harrison, containing at this time about 
forty cabins; a Winnebago village, four miles lower down, on 
Ponce Passu creek, and near the Wabash, on the east side, 
containing about forty houses also; and a Kickapoo village, on 
the west side, containing about one hundred and sixty cabins; 
were all completely destroyed." 

Although this was the most efficient warfare the corps could 
levy; yet it must not be supposed that such hostilities could 
materially impair the efficiency of the enemy, particularly 
when they were supplied with rations by the British. It would 
scarcely reach their squaws and papooses, who are entitled to 
the commiseration of a civilized foe. It must be by actual 
encounter and defeat, as at Point Pleasant, the Maumee, Tip- 
pecanoe and Mississineway, with all their mortality of strife, 
that the Indians can be brought to submisson. The mounted 
expeditions of Kentucky have never materially reduced the 
military power of the savages, by surprise ; they have alarmed 
them, put them to flight, until an opportunity for advantage and 
bitter retaliation presented itself; and when fighting without an 
European ally, they may have been straitened by these inroads, 
for provisions: but hostilities were only suspended for a season 
more appropriate for gratifying their vengeance; and the whole 
work was to do over again. To make our arms felt by the 
Indians, their country must be taken possession of, and they 
must be fought openly, and conquered on their own ground ; 
not merely put to flight, to return a Parthian arrow; buc they 
must be defeated by manly, hard fighting, which they readily 
respect. 

The subsequent circumstances attending this very expedition, 
illustrate the superiority of the Indians to these hasty enter- 
prises. On the 21st, a gallant soldier of the name of Dunn, 
in Captain Duval's company, was killed by the Indians, on 
Ponce Passu creek, seven miles east of the camp. A party of 
sixty men, under Colonels Wilcox and Miller, went out to bury 
their companion, when they fell into an ambuscade of a large 
body of Indians, and lost nearly a third of their party. The 
General now determined to engage this body of the enemy; 



3011: HISTORY OF KENTUCKY. 

but "a violent snow storm, attended with the coldest weather," 
the General says, "I ever felt or saw," delayed the march 
until the 24th. Upon reaching the ground of the Indian encamp- 
ment, which was found to present one of the strongest natural 
fortifications ever seen; it was discovered that the enemy had 
decamped before the fall of the snow. With this manifestation 
of the disposition of the enemy not to engage, which the Indians 
can almost always indulge at their pleasure; the advanced 
season of the year, and the clothing of the troops unprovided 
for the inclement weather, the General very properly, and 
with the concurrence of all his officers, withdrew his troops, 
on their return. Although the enemy were still only "scotched, 
not killed," our troops had behaved with honorable obedience 
under ten-fold greater difficulties and privations, than those 
which had driven the former expedition into mutiny, at once 
disgraceful to themselves, and subversive of their country's 
interest. By their insubordination, they exposed the detach- 
ment of Colonel Russell to destruction. 

This officer had penetrated, with Governor Edwards of Illi- 
nois, to the Peoria towns, at the head of the lake of the same 
name. He surprised the village, and drove the enemy over 
the Illinois river, having killed twenty persons on the field, 
destroyed the town, and brought away a large body of horses. 
The intention of this officer had been to co-operate with Gene- 
ral Hopkins, on the Illinois river, to which the latter purposed 
going, after striking the Kickapoo town. But hearing nothing 
of the great expedition in that quarter. Colonel Russell made 
the best use of his resources, and effected the useful service 
just described, in the far north-west. 

Had the disobedience of orders, in the first expedition of 
General Hopkins, sacrificed the gallant corps of Russell to the 
vengeance of our savage foes; what reproaches must have 
stung the hearts of the mutineers, to their latest hour of ex- 
istence ! Yet such was the direct tendency of this conduct, 
and the indignant justice of their country, would have exacted 
the responsibility from the characters of those, who had been 
concerned in the base desertion of plighted duty. 



APPENDIX. 



The following journal is so curious and little known that it has 
been thouglit, it would gratify the western public to lay it before 
them. It is extracted from the Monthly American Journal of 
Geology and Natural Science, December, 1831, by G. W. Feather- 
stonhaugh, Esq., Philadelphia. The following copy purports to 
be from the original, in the possession of the Editor of the above 
work. — Author. 

THE JOURNAL OF COLONAL CROGHAN.* 
May 15th, 1765. I set off from fort Pitt with two batteaux, 
and encamped at Chartier's Island, in the Ohio, three miles 
below Fort Pitt. 

16th. Ecing joined by the deputies of the Senecas, Shawnesse, 
and Delawares, that were to accompany me, we set off at seven 
o'clock in the morning, and at ten o'clock arrived at the Log's 
Town, an old settlement of the Shawnesse, about seventeen 
miles from Fort Pitt, where we put ashore, and viewed the re- 
mains of that village, which was situated on a high bank, on the 
south side of the Ohio river, a fine fertile country round it. At 
11 o'clock we re-embarked and proceeded down the Ohio to the 
mouth of Eig Beaver Creek, about ten miles below the Log's 
Town: this creek empties itself between two fine rich bottoms, a 
mile wide on each side from the banks of the river to the high- 
lands. About a mile below the mouth of Beaver Creek we passed 
an old settlement of the Delawares, where the French, in 1756, 
built a town for that nation. On the north side of the river some 
of the stone chimneys are yet remaining; here the highlands 
come close to the banks and continue so for about five miles. 
After which we passed several spacious bottoms on each side of 
the river, and came to Little Beaver Creek, about fifteen miles 
below Big Beaver Creek, A number of small rivulets fall into 
the river on each side. From thence we sailed to l^ellow Creek, 
being about fifteen miles from the last mentioned creek; here 
and there the hills come close to the banks of the river on each 
side, but where there are bottoms, they a^e very large, and well 
watered; numbers of small rivulets running through them, falling 
into the Ohio on both sides. We encamped on the river bank, 
and find a great part of the trees in the bottom are covered with 
grape vines. This day wo passed by eleven islands, one of 
which being about seven miles long. For the most part of the 
way we made this day, the banks of the river are high and steep. 
The course of the Ohio from Fort Pitt to the mouth of Beaver 

* Not Colonel Croghan of Kentucky. 

2H* 365 



266 APPENDIX. 

Creek inclines to the north-west; from thence to the two creeks 
partly due west. 

17th. At 6 o'clock in the morning we embarked: and were 
delighted with the prospect of a fine open country on each side 
of the river as we passed down. We came to a place called the 
Two Creeks, about fifteen miles from Yellow Creek, where we 
put to shore; here the Senecas have a village on a high bank, 
on the north side of the river; the chief of this village offered me 
his service to go with me to the Illinois, which I could not re- 
fuse for fear of giving him offence, although I had a sufficient 
number of deputies with me already. From thence we pro- 
ceeded down the river, passed many large, rich, and fine bottoms; 
the highlands being at a considerable distance from the river 
banks, till we came to the Buffalo Creek, being about ten miles 
below the Seneca village; and from Buffalo Creek, we proceeded 
down the river to Fat Meat Creek, about thirty miles. The face 
of the country appears much like what we met with before; 
large, rich, and well watered bottoms, then succeeded by the 
hills pinching close on the river; these bottoms, on the north side, 
appear rather low, and consequently subject to inundations, in 
the spring of the year, when there never fails to be high freshes 
in the Ohio, owing to the melting of the snows. This day we 
passed by ten fine islands, though the greatest part of them are 
small. They lay much higher out of the water than the main 
land, and of course less subject to be flooded by the freshes. At 
night we encamped near an Indian village. The general course 
of the river from the Two Creeks to Fat Meat Creek inchnes to 
the south-west. 

18th. At 6 o'clock, A. M. we set off in our batteaux; the 
country on both sides of the river appears delightful; the hills 
are several miles from the river banks, and consequently the 
bottoms large; the soil, timber, and banks of the river, much like 
those we have before described; about fifty miles below the Fat 
Meat Creek, we enter the long reach, where the river runs a 
straight course for twenty miles, and makes a delightful prospect; 
the banks continue high; the country on both sides, level, rich, 
and well watered. At the lower end of the reach we encamped. 
This day we passed nine islands, some of which are large, and 
lay high out of the water. 

19th. We decamped at six in the morning, and sailed to a 
place called the Three Islands, being about fifteen miles from our 
last encampment; here the highlands come close to the river 
banks, and the bottoms for the most part — till we come to the 
Muskingum (or Elk) river — are but narrow: this river empties 
itself into the Ohio about hfteen miles below the Three Islands; 
the banks of the river continue steep, and the country is level 
for several miles back from the river. The course of the river 
from Fat Meat Creek to Elk River, is about south-west and by 
south. We proceeded down the river about fifteen miles, to the 
mouth of Little Conhawa River, with little or no alteration in the 
face of the country; here we encamped in a fine rich bottom. 



APPENDIX. 367 

after having passed fourteen islands, some of them large, and 
mostly lying high out of the water. Here buffaloes, bears, tur- 
key.s, with all other kinds of wild game are extremely plenty. A 
good hunter, without much fatigue to himself, could here supply 
daily one hundred men with meat. The course of the Ohio, 
from Elk River to Little Conhawa, is about south, 

20th. At six in the morning we embarked in our boats, and 
proceeded down to the mouth of Hochocken or Bottle River, 
where we were obliged to encamp, having a strong head wind 
against us. We made but twenty miles this day, and passed by 
five very fine islands; the country the whole way being rich 
and level, with high and steep banks to the rivers. From here 
I despatched an Indian to the Plains of Scioto, with a letter to 
the French traders from the Illinois residing there, amongst the 
Shawnesse, requiring them to come and join me at the mouth of 
Scioto, in order to proceed with me to their own country, and 
take the oaths of allegiance to his Britannic Majesty, as they 
were now become his subjects, and had no right to trade there 
without hcense. At the same time I sent messages to the Shaw- 
nesse Indians to oblige the French to come to me in case of re- 
fusal. 

21st. We embarked at half past 8 o'clock in the morning, and 
sailed to a place called the Big Bend, about thirty-five miles 
below Bottle River. The course of the Ohio, from Little Con- 
hawa River to Big Bend, is about south-west by south. The 
country hereabouts abounds with buffalo, bears, deer, and all 
sorts of wild game, in such plenty, that we killed out of our 
boats as much as we wanted. We proceeded down the river 
to the Buffalo Bottom, about ten miles from the beginning of 
the Big Bend, where we encamped. The country on both 
sides of the river, much the same as we passed the day be- 
fore. This day we passed nine islands, all lying high out of the 
water. 

22d. At half an hour past 5 o'clock, set off and sailed to a 
place, called Alum Hill, so called from the great quantity of that 
mineral found there by the Indians; this place lays about ten 
miles from Buffalo Bottom; thence we sailed to the mouth of Great 
Conhawa River, being ten miles from the Alum Hill. The course 
of the river, from the Great Bend to this place, is mostly west; 
from hence we proceeded down to Little Guyondott River, where 
we encamped, about thirty miles from Great Conhawa; the coun- 
try still fine and level; the bank of the river high, with abun- 
dance of creeks and rivulets falling into it. This day we passed 
six fine islands. In the evening one of our Indians discovered 
three Cherokees near our encampment, which obhged our In- 
dians to keep out a good guard the first part of the night. Our 
party being pretty strong, I imagine the Cherokees were afraid 
to attack us, and so ran off. 

23d. Decamped about five in the morning, and arrived at Big 
Guyondott, twenty miles from our last encampment: the country 
as of yesterday; from hence we proceeded down to Sandy River, 



368 APPENDIX. 

being twenty miles further; thence to the mouth of Scioto, about 
forty miles from the last mentioned river. The general course 
of the river from Great Conhawa to this place inclines to the 
south-west. The soil rich, the country level, and the banks of 
the river high. The soil on the banks of Scioto, for a vast dis- 
tance up the country, is prodigious rich, the bottoms very wide, 
and in the spring of the year, many of them are flooded, so that 
the river appears to be two or three miles wide. Bears, deer, 
turkeys, and most sorts of wild game, are very plenty on the 
banks of this river. On the Ohio, just below the mouth of Scioto, 
on a high bank, near forty feet, formerly stood the Shawnesse 
town, called the Lower Town, which was all carried away, ex- 
cept three or four houses, by a great flood in the Scioto. I was 
in the town at the time, though the banks of the Ohio were so 
high, the water was nine feet on the top, which obliged the whole 
town to take to their canoes, and move with their effects to the 
hills. The Shawnesse afterwards built their town on the opposite 
side of the river, which, during the French war, they abandoned, 
for fear of the Virginians, and removed to the plains on Scioto. 
The Ohio is about one hundred yards wider here than at Fort 
Pitt, which is but a small augmentation, considering the great 
number of rivers and creeks, that fall into it during the course of 
four hundred and twenty miles; and as it deepens but very little, 
I imagine the water sinks, though there is no visible appearance 
of it. In general all the lands on the Scioto River, as well as 
the bottoms on Ohio, are too rich for any thing but hemp, flax, 
or Indian corn. 

24th, 25th, and 26th. Stayed at the mouth of Scioto, waiting 
for the Shawnesse and French traders, who arrived here on the ■ 
evening of the 26th, in consequence of the message I sent them 
from Hochocken, or Bottle Creek. 

27th. The Indians requested me to stay this day. which I could 
not refuse. 

28th. We set off: passing down the Ohio, the country on both 
sides the river level; the banks continue high. This day we 
came sixty miles; passed no islands. The river being wider and 
deeper, we drove all night. 

29th. We came to the Little Miame Puver, having proceeded 
sixty miles last night. 

30th. We passed the great Miame River, about thirty miles 
from the little river of that name, and in the evening arrived at 
the place where the Elephants^ hones are found, where we en- 
camped, intending to take a view of the place next morning. 
This day we came about seventy miles. The country on both 
sides level, and rich bottoms well watered. 

31st. Early in the morning we went to the great Lick, where 
those bones are only Jbnnd, about four miles from the river, on the 
south-east side. In our way we passed through a fine timbered 
clear wood; we came into a large road which the Buffaloes have 
beaten, spacious enough for two waggons to go abreast, and leading 
straight into the Lick. It appears that there are vast quantities 



APPENDIX. 369 

of these bones lying five or six feet under ground, which we 
discovered in the bank, at the edge of the Lick. We found 
here two tusks above six feet long; we carried one, with some 
other bones, to our boats, and set off. This day we proceeded 
down the river about eighty miles, through a country much the 
same as already described, since we passed the Scioto. In this 
day's journey we passed the mouth of the River Kentucky, or 
Holsten's River. 

Jum Ut. We arrived within a mile of the Falls of Ohio, where 
we encamped, after coming about fifty miles this day. 

2d. Early in the morning we embarked, and passed the Falls. 
The river "being very low we were obUged to lighten our boats, 
and pass on the north side of a little island, which lays in the 
middle of the river. In general, what is called the Fall here, is 
no more than rapids; and in the least fresh, a batteau of any 
size may come and go on each side without any risk. This day 
we proceeded sixty miles, in the course of which we passed 
Pidgeon River. The country pretty high on each side of the 
River Ohio. 

3d. In the forepart of this day's course, we passed high lands; 
about mid-day we came to a fine, flat, and level country, called 
by the Indians the Low Lands; no hills to be seen. We came 
about eighty miles this day, and encamped. 

4th. We came to a place called the Five Islands; these islands 
are very long, and succeed one another in a chain; the country 
still flat and level, the soil exceedingly rich, and well watered. 
The highlands are at least fifty miles from the banks of the Ohio. 
In this day's course we passed about ninety miles, the current 
being very strong. 

5th. Having passed the Five Islands, we came to a place called 
the Owl River. Came about forty miles this day. The country 
the same as yesterday. 

6th. We arrived at the mouth of the Ouabache, where we 
found a breast-work erected, supposed to be done by the Indians. 
The mouth of this river is about two hundred yards wide, and in 
its course runs through one of the finest countries in the world, 
the lands being exceedingly rich, and well watered; here hemp 
might be raised in immense quantities. All the bottoms, and al- 
most the whole country abounds with great plenty of the white 
and red mulberry tree. These trees are to be found in great 
plenty, in all places between the mouth of Scioto and the Ouaba- 
che: the soil of the latter affords this tree in plenty as far as Ouica- 
tonon, and some few on the Miame River. Several large fine 
islands lie in the Ohio, opposite the mouth of the Ouabache, the 
banks of vv^hich are high, and consequently free from inundations; 
hence we proceeded down the river about six miles to encamp, 
as I judged some Indians were sent to way-lay us, and came to 
a place called the Old Shawnesse Village, some of that nation hav- 
ing formerly lived there. In this day's procedings we came about 
seventy-six miles. The general course of the river, from Scioto 
to this place, is south-west. 



370 APPENDIX. 

7th. We stayed here, and despatched two Indians to the Illi- 
nois by land, with letters to Lord Frazer, an English officer, who 
had been sent there from Fort Pitt, and Monsieur St. Ange, the 
French commanding officer at Fort Chartres, and some speeches 
to the Indians there, letting them know of my arrival here; that 
peace was made between us and the Six Nations, Delawares, 
and Shawnesse, and of my having a number of deputies of those 
nations along with me, to conclude matters with them also on 
my arrival there. This day one of my men went into the woods 
and lost himself. 

8th. At day-break we were attacked by a party of Indians, 
consisting of eighty warriors of the Kiccapoos and Musquattimes, 
who killed two of my men and three Indians, wounded myself 
and all the rest of my party, except two white men and one In- 
dian; then made myself and all the white men prisoners, plun- 
dering us of every thing we had. A deputy of the Shawnesse 
who was shot through the thigh, having concealed himself in the 
woods for a few minutes after he was wounded — not knowing 
but they were southern Indians, who are always at war with the 
northward Indians — after discovering what nation they were, 
came up to them and made a very bold speech, teUing them that 
the whole northward Indians would join in taking revenge for the 
insult and murder of their people; this alarmed those savages 
very much, who began excusing themselves, saying their fathers, 
the French, had spirited them up, telling them that the Indians 
were coming with a body of southern Indians to take their coun- 
try from them, and enslave them; that it was this that induced 
them to commit this outrage. After dividing the plunder, (they 
left great part of the heaviest effects behind, not being able to 
-carry them,) they set off with us to their village at Ouattonon, in 
a great hurry, being in dread of a pursuit from a large party of 
Indians they suspected were coming after me. Our course was 
through a thick woody country, crossing a great many swamps, 
morasses, and beaver 'ponds. We traveled this day about forty- 
two miles. 

9th. An hour before day we set out on our march; passed 
through thick woods, some highlands, and small savannahs, 
badly watered. Traveled this day about thirty miles. 

10th. We set out very early in the morning, and marched 
through a high country, extremely well timbered, for three hours; 
then came to a branch of the Ouabache, which we crossed. The 
remainder of this day we traveled through fine rich bottoms, 
overgrown with reeds, which make the best pasture in the world, 
the young reeds being preferable to sheaf oats. Here is great 
plenty of wild game of all kinds. Came this day about twenty- 
eight, or thirty miles. 

11th. At day-break we set off, making our way through a thin 
woodland, interspersed with savannahs. I suffered extremely 
by reason of the excessive heat of the weather, and scarcity of 
water; the little springs and runs being dried up. Traveled this 
day about thirty miles. 



APPENDIX. 371 

12th. We passed through some large savannahs, and clear 
woods; in the afternoon we came to theOuabache; then marched 
along it through a prodigious rich bottom, overgrown with reeds 
and wild hemp; all this bottom is well watered, and an exceeding 
fine hunting ground. Came this day about thirty miles. 

13th. About an hour before day we set out; traveled through 
such bottoms as of yesterday, and through some large meadows, 
where no trees, for several miles together, are to be seen. Buf- 
faloes, deer, and bears are here in great plenty. We traveled 
about twenty-six miles this day. 

14th. The country we traveled through this day, appears the 
same as described yesterday, excepting this afternoon's journey 
through woodland, to cut off a bend of the river. Came about 
twenty-seven miles this day. 

15tlu We set out very early, and about one o'clock came to 
the Ouabache, within six or seven miles of Port Vincent. On my 
arrival there, I found a village of about eighty or ninety French 
families settled on the east side of this river, being one of the 
finest situations that can be found. The country is level and 
clear, and the soil very rich, producing wheat and tobacco. I 
think the latter preferable to that of Maryland or Virginia. The 
French inhabitants hereabouts, are an idle, lazy people, a parcel 
of renegadoes from Canada, and are much worse than the Indians. 
They took a secret pleasure at our misfortunes, and the moment 
we arrived, they came to the Indians,exchanging trifles for their 
valuable plunder. As the savages took from me a considerable 
quantity of gold and silver in specie, the French traders extorted 
ten half Johannes from them for one pound of vermilion. Here 
is likewise an Indian village of the Pyankeshaws, who were much 
displeased with the party that took me, telling them that "our and 
your chiefs are gone to make peace, and you have begun a war, 
for which our women and children will have reason to cry," 
From this post the Indians permitted me to write to the com- 
mander, at Fort Chartres, but would not suffer me to write to 
any body else, (this I apprehend was a precaution of the French, 
lest their villany should be perceived too soon,) although the In- 
dians had given me permission to write to Sir William Johnson 
and Fort Pitt on our march, before we arrived at this place. But 
immediately after our arrival they had a private council with 
the French, in which the Indians urged, (as they afterwards in- 
formed me,) that as the French had engaged them in so bad an 
affair, which was likely to bring a war on their nation, they now 
expected a proof of their promise and assistance. Then delivered 
the French a scalp and part of the plunder, and wanted to 
deliver some presents to the Pyankeshaws, but they refused 
to accept of any, and declared they would not be concerned in 
the affair. This last information I got from the Pyankeshaws, as 
I had been well acquainted with them several years before this 
time. 

Port Vincent is a place of great consequence for trade, being 
;a fine hunting country all along the Ouabache, and too far for 



372 APPENDIX. 

the Indians, which reside hereabouts, to go either to the IlHnois, 
or elsewhere, to fetch their necessaries. 

16th. We were obliged to stay here to get some little apparel 
made up for us, and to buy some horses for our journey to Oui- 
catonon, promising payment at Detroit, for we could not procure 
horses from the French for hire; though we were greatly fatigued, 
and our spirits nmch exhausted in our late march, they would 
lend us no assistance. 

17th. At mid-day we set out; traveling the first five miles 
through a fine thick wood. We traveled eighteen miles this day, 
and encamped in a large, beautiful, well watered meadow. 

18th and 19th. We traveled through a prodigious large mea- 
dow, called the Pyankeshaw's Hunting Ground: here is no wood 
to be seen, and the country appears like an ocean: the ground is 
exceedingly rich, and partly overgrown with wild hemp; the land, 
well watered, and full of buffalo, deer, bears, and all kinds of 
wild game. 

20th and 21st. We passed through some very large meadows, 
part of which belong to the Pyankeshaws on Vermilion River; 
the country and soil much the same as that we traveled over for 
these three days past, wild hemp grows here in abundance; the 
game very plenty: at any time, in half an hour we could kill as 
much as we wanted. 

22d. We passed thro.ugh part of the same meadow as men- 
tioned yesterday; then came to a high woodland, and arrived at 
Vermihon River, so called from a fine red earth found here by 
the Indians, with which they paint themselves. About half a 
mile from the place where we crossed this river, there is a village 
of Pyankeshaws, distinguished by the addition of the name of the 
river. We then traveled about three hours, through a clear high 
woody country, but a deep and rich soil; then came to a meadow, 
where we encamped. 

23d Early in the morning we set out through a fine meadow, 
then some clear woods; in the afternoon came into a very large 
bottom on the Ouabache, within six miles of Ouicatanon; here 
I met several chiefs of the Kicapoos and Musquattimes, who 
spoke to their young men who had taken us, and reprimanded 
them severely for what they had done to me, after which they 
returned with us to their village, and delivered us all to their 
chiefs. 

The distance from port Vincent to Ouicatanon is two hundred 
and ten miles. This place is situated on the Ouabache. About 
fourteen French families are living in the fort, which stands on 
the north side of the river. The Kicapoos and Musquattimes, 
whose warriors had taken us, live nigh the fort, on the same side 
of the river, where they have two villages; and the Ouicatanons 
have a village on the south side of the river. At our arrival at 
this post, several of the Wawcottonans, (or Ouicatonans) with 
whom I had been formerly acquainted, came to visit me, and 
seemed greatly concerned at what had happened. They went 
immediately to the Kicapoos and Musquattimes, and charged 



APPENDIX 373 

them to take the greatest care of us, till their chiefs should arrive 
from the Ilhnois, where they were gone to meet me some time 
ago, and who were entirely ignorant of this affair, and said the 
French had spirited up this party to go and strike us. 

The French have a great influence over these Indians, and 
never fail in telling them many lies to the prejudice of his ma- 
jesty's interest, by making the English nation odious and hateful 
to them. I had the greatest difficulties in removing these preju- 
dices. As these Indians are a weak, foolish, and credulous peo- 
ple, they are easily imposed on by a designing people, who have 
led them hitherto as they pleased. The French told them that 
as the southern Indians had for two years past made war on them, 
it must have been at the instigation of the English, who are a bad 
people. However I have been fortunate enough to remove their 
prejudice, and, in a great measure, their suspicions against the 
English. The country hereabouts is exceedingly pleasant, being 
open and clear for many miles; the soil very rich and well wa- 
tered; all plants have a quick vegetation, and the clim.ate very 
temperate through the winter. This post has always been a very 
considerable trading place. The great plenty of furs taken in 
this country, induced the French to estabhsh this post, which was 
the first on the Ouabache, and by a very advantageous trade they 
have been richly recompensed for their labor. 

On the south side of the Ouabache runs a big bank, in which 
are several fine coal mines, and behind this bank, is a very large 
meadow, clear for several miles. It is surprising w^hat false infor- 
mation we have had respecting this country: some mention these 
spacious and beautiful meadows as large and barren savannahs. I 
apprehend it has been the artifice of the French to keep us igno- 
rant of the country. These meadows bear fine wild grass, and 
wild hemp ten or twelve feet high, which, if properly manufac- 
tured, would prove as good, and answer all the purposes of the 
hemp we cultivate. 

July 25th. We set out from this place (after setthng all mat- 
ters happily with the natives) for the Miames, and traveled the 
whole way through a fine rich bottom, overgrown with wild 
hemp, alongside the Ouabache, till we came to Eel River, where 
we arrived the 27th. About six miles up this river is a small 
village of the Twightwee, situated on a very delightful spot of 
ground on the bank of the river. The Eel River heads near St. 
Joseph's, and runs nearly parallel to the Miames, and at some few 
miles distance from it, through a fine, pleasant country, and after 
a course of about one hundred and eighty miles empties itself 
into the Ouabache. 

28th, 29th, 30th and 31st. We traveled still along side the Eel 
River, passing through fine clear woods, and some good mea- 
dows, though not so large as those we passed some days before. 
The country is more overgrown with woods, the soil is suiBciently 
rich, and well watered with springs. 

Avg-ust 1st. We arrived at the carrying place between the Ri- 
ver Miames and the Ouabache, which is about nine miles long 

21 



374 APPENDIX. 

in dry seasons, but not above half that length in freshes. The 
head of the Ouabache is about forty miles ironi this place, and 
after a course of about seven hundred and sixty miles from the 
head spring, through one of the finest countries in the world, it 
empties itself into the Ohio. The navigation from hence to Oui- 
catanon, is very difficult in low water, on account of many ra- 
pids and rifts; but in freshes, which generally happen in the 
spring and fall, batteaux or canoes will pass, without difficulty, 
from here to Ouicatanon in three days, which is about two hun- 
dred and forty miles, and by land about two hundred and ten 
miles. From Ouicatanon to Port Vincent, and thence to the Ohio, 
batteaux and canoes may go at any season of the year. Through- 
out the w^hole course of the Ouabache the banks are pretty high, 
and in the river are a great many islands. Many shrubs and 
trees are found here unknown to us. 

Within a mile of the Twightwee village, I was met by the 
chiefs of that nation, who received us very kindly. The most 
part of these Indians knew me, and conducted me to their village, 
where they immediately hoisted an English flag that I had for- 
merly given them at Fort Pitt. The next day they held a coun- 
cil, after which they gave me up all the English prisoners they 
had, then made several speeches, in all which they expressed the 
great pleasure it gave them, to see the unhappy differences which 
embroiled the several nations in a war with their brethren, the 
English, were now so near a happy conclusion, and that peace 
was established in their country. 

The Twightwee village is situated on both sides of a river, 
called St. Joseph. This river, where it falls into the Miame 
river, about a quarter of a mile from this place, is one hundred 
yards wide, on the east side of which stands a stockade fort, 
somewhat ruinous. 

The Indian village consists of about forty or fifty cabins, be- 
sides nine or ten French houses, a runaway colony from Detroit, 
during the late Indian w^ar; they were concerned in it, and being 
afraid of punishment, came to this post, where ever since they 
have spirited up the Indians against the English All the French 
residing here are a lazy, indolent people, fond of breeding mis- 
chief, and spiriting up the Indians against the English, and should 
by no means be suffered to remain here. The country is pleas- 
ant, the soil rich and well watered. After several conferences 
with these Indians, and their dehvering me up all the Enghsh 

prisoners they had, 

On the 6th of August we set out for Detroit, down the Miames 
river in a canoe. This river heads about ten miles from hence. 
The river is not navigable till you come to the place where the 
river St. Joseph joins it, and makes a considerably large stream, 
nevertheless we found a great deal of difficulty in getting our 
canoe over shoals, as the waters at this season were very low. 
The banks of the river are high, and the country overgrown 
with lofty timber of various kinds; the land is level, and the 
woods clear. About ninety miles from the Miames or Twigh- 



APPENDIX. 375 

twee, we came to where a large river, that heads in a large lick, 
falls into the Miame river; this they call the Forks. The Ottawas 
claim this country, and hunt here, where game is very plenty. 
From hence we proceeded to the Ottawa village. This nation 
formerly lived at Detroit, hut is now settled here, on accout of 
the richness of the country, where game is always to be found 
in plenty. Here we were obliged to get out of our canoes, and 
drag them eighteen miles, on account of the rifts which inter- 
rupt the navigation. At the end of these rifts, we came to 
a village of the Wyondotts, who received us very kindly and 
from thence we proceeded to the mouth of this river, where it 
falls into lake Erie. From the Miames to the lake is computed 
one hundred and eighty miles, and from the entrance of the 
river into the lake to Detroit, is sixty miles; that is, forty-two 
miles upon the lake, and eighteen miles up the Detroit river 
to the garrison of that name. The land on the lake side is 
low and fiat. We passed several large rivers and bays, and 
on the 16th of August, in the afternoon, we arrived at Detroit 
river. The country here is much higher than on the lake side; 
the river is about nine hundred yards wide, and the current runs 
very strong. There are several fine and large islands in this ri- 
ver, one of which is nine miles long; its banks high, and the soil 
very good. 

17th. In the morning we arrived at the fort, which is a large 
stockade, inclosing about eighty houses, it stands close on the 
north side of the river, on a high bank, commands a very plea- 
sant prospect for nine miles above, and nine miles below the 
fort; the country is thick settled with French, their plantations 
are generally laid out about three or four acres in breadth on the 
river, and eighty acres in depth; the soil is good, producing 
plenty of grain. All the people here are generally poor wretches, 
and consist of three or four hundred French families, a lazy, idle 
people, depending chiefly on the savages for their subsistence; 
though the land, with little labor, produces plenty of grain, they 
scarcely raise as much as will supply their wants, in imitation 
of the Indians, •whoso manners and customs they have entirely 
adopted, and cannot subsist without them. The men, women, 
and children speak the Indian tongue perfectly well. In the 
last Indian war the most part of the French were concerned in 
it, (although the whole settlement had taken the oath of alle- 
giance to his iiritannic Majesty) they have, therefore, great rea- 
son to be thankful to the English clemency in not bringing them 
to deserved punishment. Before the late Indian war there resi- 
ded three nations of Indians at this place: the Putawatimes, 
whose village was on the west side of the river, about one mile 
below the fort; the Ottawas, on the east side, about three miles 
above the Fort; and the Wyondotts, whose village lays on the 
east side, about two miles below the fort. The former two na- 
tions have removed to a considerable distance, and the latter 
still remain where they were, and are remarkable for their good 
sense and hospitality. They have a particular attachment to the 



376 



APPENDIX. 



Roman Catholic religion, the French, by their priests, having ta- 
ken uncommon pains to instruct them. 

During my stay here, I held frequent conferences with the dif- 
ferent nations of Indians assembled at this place, with whom I 
settled matters to their general satisfaction. 

September 26th. Set out from Detroit for Niagara; passed Lake 
Erie along the north shore in a birch canoe, and arrived the 8th 
of October at Niagara. The navigation of the lake is dangerous 
for batteaux or canoes, by reason the lake is very shallow for a 
considerable distance from the shore. The bank, for several 
miles, high and steep, and affords a harbor for a single batteaux. 
The lands in general, between Detroit -and Niagara, are high, and 
the soil good, with several fine rivers falling into the lake. The 
distance from Detroit to Niagara is computed three hundred miles. 

A List of the different Kalions and Tribes of Indians in the J^ortheim 
District of JVorth America, with the number of their fghting Men. 



Namef of the Tribes. 


A'bJ. 


Their Dwelling Ground. 


Their Hunting Grounds. 


Mohocks, a 


160 


ftiohock Kiver. 


Between that and 
Lake George. 


Oneidas, b - - - - - 


300 


East side of Onedia Lake, & on 


In the country 






the head waters of the east 


where theylive. 






branch of Susquehannah. 




Tuscaroras, 6 - - - - 


200 


Between the Oneidas and Onan- 


Between Oneida 






dagoes. 


Lake &: Lake 
Ontario. 


Onandagoesj 6 - - - - 


260 


Near the Onandago Lake. 


BetweenOnanda- 
go L. &; mouth 
of Seneca Riv- 
er,nearOswego 


Cayugas, b 


200 


On two small Lakes, called the 


Where they re- 






Cayugas, on the north branch 


side. 






of Susquehannah. 




Senecas, b 


1000 


Seneca Country, on the waters 


Their chief hun- 






of Susquehannah, the waters 


ting country 






of Lake Ontario, and on the 


thereabouts. 






heads of Ohio River. 




Aughquagas, c - - - - 


150 


East branch of Susquehannah 
River, and on Aughquaga. 


Where they Uw* 


Nanticokes, c - - - - 


100) 


Utsanango, Chaghmett, Oswe- 


Do. 


Mohickons, c 


lOOV 


go, and on the east branch of 




Coiioys, c ----- - 


30\ 


Susquehannah. 




Monsays, c - 


150 i 


At Diahogo, and other villages 


Do. 


Sapoones, c 


30 V 


up the north branch of Sus- 




Delavvares, c 


150 i 


quehannah. 




Delawares, d - - - - 


600 


Between the Ohio & Lake Erie, 
on the brch's of Beaver CVk, 
Muskingum and Guyehugo. 


Do. 


Shawnesse, d •> - - ' 


300 


OnScioto & brch of Muskingum. 


Do. 


Mohickone, rf 


300 


In Villages near Sandusky. 


On the head banks 


Coghnawages, d - - - 






of Scioto. 



a These are the oldest Tribe of the Confederacy of the Six Nations. 
b Connected with New York, part of the Confederacy with New York. 
c Connectedwith, and depending on the Five Nations. 
d Dependent on the Six nations, and connected with Pennsylvania. 



APPENDIX. 



377 



Nnma of the Triba. 


Noi. 


Thtir Jhttttling Ground. 


Their Hunting Grounds. 


Twightwees, t - - - 


25Cr~ 


Miaine River, near Fort Miame, 


On the ground 


Wayoughtanies,/ - - 


300) 




where theylive. 


Pyankeshas,/ 


300 V 


On the branches of Ouabache, 


Between Outanon 


Shockays,/ 


•200 \ 


near Fort Ouitanon. 


& the Miames. 


Huskhuskeys, g - - - 


300^ 
300 J 


Near the French settlements, in 




Illinois, g 


the Illinois Country. 




Wayondotts, h 


250 j 




About Lake Erie. 


Ottawas, h 


400 C 


Near Fort Detroit. 




Putawatimes, h - - - 


150^ 






Chipavvas i > 


•200 


On Saganna Creek, which emp- 
ties into Lake Huron. 


Thereabouts. 


Ottawas, \ 






Chippawas, j 


400) 
260 ( 


Near Michilimachinac. 


On the north side 


Ottawas, j 




ofLakeHuron. 


Chipawas,* k - - - - 


400 


Near the entrance of Lake Su- 
perior, and not far from Fort 
St. Mary's. 


Thereabouts. 


Chepawas, k i 




Near Fort Labay on the Lake 


Thereabouts. 


Mynonamies, A; > - - 


550 


Michigan. 




Shockeys, A; \ 








Putawatimes, k 


150 > 
150$ 


Near Fort St. Joseph's. 


Thereabouts. 


Ottawas, A- 






Kicapoos, I "1 




On lake Michigan and between 


Where they re- 


Outtagamies, I 




it and the Mississippi. 


spectively re- 


Musquatans, I 1 


4000 




side. 


Miscotins, I ' 






Outtamacks, I 








Musquaykeys, I J 








Oswegatches, h 


100 


Settled at Swagatchy inCanada, 
oa the river St. Lawrence. 


Thereabouts. 


Connesedagoes, k > 
Coghnewagoes, k ) 


300 


Near Montreal. 










Orondocks, k - - - - 


100) 


Settled near Trois Rivers. 




Abonakies, k 


m[ 






Alagonkins, k 


100 \ 






La Suil, t 


10,000 


South-west of Lake Superior. 





e Connected with Pennsylvania, 
/Connected with the Twightwees. 

g These two Nations the English had never any trade, or connection with. 
h Connected formerly with the French. 

i Connected with the Indians about Detroit, and dependent on the comman- 
ding officer. 
j Always connected with the French. 
k Connected with the French. 
I Never connected in any trade or otherwise with the English. 

* There are several villages of Chipawas settled along the bank of Lake Supe- 
rior, but as I have no knowledge of that country, cannot ascertain their numbers. 

t These are a nation of Indians settled south-west of Lake^uperior, called by 
the French La, Sue, who, by the best account that I could ever get from the 
French and Indians, are computed ten thousand fighting men. They spread over 
a large tract of country, and have forty odd villages ; in which country are se- 
veral other tribes of Indians, who are tributaries to the La Sues, none of whom 
except a ver}- few, have ever known the use of fire-arras : as yet but two villages. 
I suppose the French don't choose to risk a trade among such a powerful body 
of people, at so vast a distance. 

^ ' 21* 



378 APPENDIX. 



TREATY OF FORT STANWIX. 

It is due to the Hon. Richard M. Johnson, to acknowledge 
my obligation* to his liberal spirit, (so constantly experienced by 
his fellow citizens,) in obtaining the following copy of this inte- 
resting treaty from the library of the Congress of the United 
States. No copy is believed to exist in the archives of any of 
the States, from the abortive enquiries of the Washington admi- 
nistration. It has therefore been thought best, to publish the 
treaty entire; and to prefix the prehminary matter, as explana- 
torji of its history. 

It is the corner stone of the political relations between the 
citizens of the United States immediately south of the Ohio river, 
and the Indians. It has been objected to the cession made by 
this treaty, that the Six Nations who constitute one of the par- 
ties to the treaty, have, by it, ceded the hunting grounds of 
tribes quite removed from themselves. To this objection of a 
curious and able enquirer* into western history, in all its rela- 
tions, two answers are suggested to the mind of the author. 

1. That some of the tribes conterminous to the ceded territory 
did appear at this treaty, which was so numerously attended by 
the Indians, and made no objection to its cessions. These were 
the Shawanees and Delawares; w^ho are called in the treaty, 
"dependent tribes" of the Six Nations. The circumstance of 
no protest from these Indians, particularly from so distinguished 
a chief as Killbuck, gives strong confirmation to the claim of 
the Six Nations. 2. By the uniform tenor of the colonial autho- 
rities, both French and English, the dominion and paramount 
authority of the Six Nations is extended to the Mississippi and', 
the Illinois. Such is the bearing of the authorities quoted in. 
the text. 

Still the subject is not without its difiiculties. General Harri-^ 
son well remarks, how difficult, not to say impracticable, it was 
for the Six Nations to have stretched their authority over the- 
numerous and ferocious tribes of the Miami confederacy.. 
These, in recent times, covered the banks of the northwestern 
streams with their villages; nor could they have been overcome 
by the ordinary military means of hunting tribes, and still left 
in their native seats. Had they have been assailed succes- 
sively, as the Illinois tribes were by the Sauks or Saukies, they 
could have been either extirpated or removed. Neither con- 
dition was that of the Miamis; although one of their tribes, the 
Wyandots, was driven by the Senecas of the northern confede- 
racy to shelter themselves in the country of Lake Michigan. 

Pastoral, or agricultural resources are alone competent to 
Bupport such wide spread dominions, as those assigned to the 
Six Nations, by the colonial authorities. Nor is it perfectly cer- 
tain that the colonists may not have been deceived by the claims 

* Dr. D. Drake, in a "Discourse before the Cincinnati Lyceum, December the 26tb, 1832, 
being the forty-fourth anniversary of the settlement of the town." 



APPENDIX. 379 

of tJiese tribes* Yet Sir William Johnson was a veteran Indian 
diplomatist, and Colonel Croghan, his deputy agent, who was 
present at the treaty, had descended the Ohio river, and had 
personal communications with the Miami and Illinois tribes, as 
early as 1765,* three years before the treaty in question. The 
course of the Ohio river, (though in a curious old mapf in the 
possession of General Harrison, that river is represented as run- 
ning into Lake Erie,) is with tolerable accuracy delineated in 
Colden's History of the Five Nations. Were these gentlemen 
likely to be imposed upon] Is not the silence of any protesting 
tribe, or individual, in so numerous, so public and anucable an 
assemblage of the natives, expressive evidence] Which, then, 
is the more probable hypothesis; that of our western philosophical 
critic, that both the Indians and the white people thought them- 
selves contending for their rights, while each was ignorant of the 
colorable title of the other! or, that the cession of the Six Nations 
was a valid cession in moral, as well as political law, and agree- 
able to the most solemn and ancient usages, which had imme- 
morially regulated the intercourse between the aborigines and 
the Europeans, with their descendants] The latter opinion 
strikes the author as the least refined, and most accordant with 
the probabilities of the circumstances. Still there are other 
treaty rights acquired by the British crown, and consequently 
transferred to the United States as its successors, which are 
mentioned in the text, independent of the treaties which have 
since been dictated, under the influence of the American arms. 
It must hkewise be remarked, that at the treaty of 1785, at Fort 
M'Intosh, the Wyandots, Delawares, Chippewas and Ottawas 
were parties; and that at the treaty of Fort Harmar, at the mouth 
of Muskingum, in 1789, the above tribes, and the Puttawatamies 
or Pottawatamies, and Sacs, were parties.}: These tribes, all 
bordering on Kentucky, and some of them allies, and others 
members of the Miami or western confederacy, relinquished 
their territorial claims south of the Ohio river, and east, succes- 
sively, of the Big Miami, and of the Little Kentucky. 

Author. 



TREATY OF FORT STANWIX, 1768. 

From the Virginia Gazelle^ of December Uty 1768, 

"New York, November 27th, 1768. 
"His Excellency, William Franklin, Esq., Governor of New- 
Jersey, the Hon. Frederick Smyth, Esq., Chief Justice of New 
Jersey, Thomas Walker, Esq., Commissioner from Virginia, and 
the Rev. Mr. Peters and James Tilghman, Esq., of the Council of 
Pennsylvania, with several other gentlemen, returned here a 

* Soe first article in this Appendix. 

I Published by Corrington Bowles, St. Paul's Churchyard. London 

X Land Laws of the United States, p. 148. 



380 APPENDIX. 

few days ago from Fort Stanwix, where they have been atten- 
ding the Congress held by Sir William Johnson, Baronet, with 
the Six United Indians and their tributaries. 

"We hear that about three thousand two hundred Indians 
from the different tribes of the Mohawks, Oneidas, Onondagoes, 
Senecas, Cayugas, Tuscaroras, Coghnowagos, Onoghguagos, 
Tutulos, Shawanese, Delawares, Mingoes of Ohio, Nantichokes, 
Conoys, Chughnuts, Schoras, and Orifcas, met Sir William at 
Fort Stanwix, on the very important business recommended by 
the King's ministers; and we have now the pleasure of assuring 
our readers that by his unwearied apphcation, address, and 
extraordinary influence, (which never appeared more conspicu- 
ous than on this occasion,) the Six Nations and all their tributaries 
have granted a vast extent of countr; to his majesty, and to the 
Proprietaries of Pennsylvania, and settled an advantageous 
boundary line between their hunting country and this, and the 
other colonies to the southward as far as the Cherokee river, for 
which they received the most valuable present in goods and 
dollars that was ever given at any conference since the settle- 
ment of America. An uncommon sobriety and good humor pre- 
vailed through all the numerous Indian camps for above seven 
weeks, and the sachems and warriors departed from the Congress 
in a very happy disposition of mind, from a firm persuasion that his 
majesty will gratify them in their just and reasonable expecta- 
tions. It is therefore earnestly to be hoped that this grand 
cession and boundary will be rightly improved, as they will 
undoubtedly secure the future tranquillity of these colonies, and 
be productive of lasting commercial advantages to them and 
Great Britain." 

Extracts from "Plain Facts: (pp. 66 to 96;) being an Exami- 
nation into the Rights of the Indian Nations of America, to their 
respective Countries; and a Vindication of the Grant, from the 
Six United Nations of Indians, to the Proprietors of Indiana, 
against the Decision of the Legislature of Virginia; together with 
Authentic Documents, proving that the Territory, westward of 
the Allegany Mountain, never belonged to Virginia, &:c. Phila- 
delphia, printed and sold by R. Aitken, 1781." 

On the 19th of January, 1768, the Speaker of the Assembly, 
and the Committee of Correspondence of Pennsylvania wrote, 
by order of the House, to Richard Jackson and Benjamin Franklin, 
Esqs., Agents for the province, at the Court of Great Britain, 
"That the non-establishment of a boundary negotiated about 
three years ago, by his majesty's orders to Sir AVm. Johnson, 
between these colonies and the Indian country^ is the cause of 
Indian jealousy and dissatisfaction; the delay of the confirmation 
of the boundary, the natives have warmly complained of, and 
although they have received no consideration for the lands 
agreed to be ceded to the crown, on our side of the boundary, yet 
that its subjects are daily settling and occupying these very 
lands." 

On the 6th of May, 1768, the Six Nations made a speech at 



APPE?rDix. 881 

Fort, Pitt, to the King's Deputy Superintendent of Indian Affairs, 
and said: ''Brother, it is not without grief that we see our 
country settled by you, without our knowledge or consent, and 
and it is a long time since we first complained to you of this 
grievance." They subjoined, "The settlers must be removed 
from our lands, as we look upon it, they will have time enough 
to settle them, when you have purchased them, and the country 
become yours.''^ 

On the 31st of May, 1768, the General Assembly of Virginia 
being met, the President of his majesty's Council (John Blair, 
Esq.) opened the sessions with the following speech: 

"Gentlemen of the Council, Mr. Speaker, and Gentlemen of 
the House of Burgesses: Our late worthy Governor having 
designed to meet you here at this time, the reasons of that his 
intention having been reconsidered by me in council, and the 
objects for your consideration he had to lay before you, having 
been judged to be of such importance to the honor and service 
of his majesty; to the security, ease, and happiness of the people, 
that I was advised (as the administration devolved on me) to 
renew the proclamation for your meeting. 

"By letters from his excellency General Gage, Commander in 
Chief of his majesty's forces, and from Sir William Johnson, 
Superintendant of Indian Affairs, (which I shall cause to be laid 
before you,) it will appear, that a set of men regardless of the 
laws of natural justice, unmindful of the duties they owe to 
society, and in contempt of royal proclamations, have dared to 
settle themselves upon the lands near Red-stone Creek and Cheat 
River, which are the property of the Indians; and notwithstanding 
the repeated warnings of the danger of such lawless proceedings, 
and the strict and spirited injunctions to them to desist, and 
quit their unjust possessions; they still remain unmoved, and 
seem to defy the orders and even powers of government." 

As soon as Richard Jackson and Benjamin Franklin, Esqs. 
received the foregoing instructions from the General Assembly of 
Pennsylvania, (on preceding page) they waited on the Britioh 
{Secretary of State, and showed the necessity of immediate orders 
being sent to the Superintendent of Indian Affairs, for finishing 
the boundary line which had been begun in the year 1764. 

In the spring of the year 1768, Sir William Johnson received 
the King's commands and instructions to complete the purchase 
of the lands from the Allegany Mountain to the River Ohio, S^c, 
an,d accordingly he gave the earliest notice thereof to the govern- 
ments of Virginia, Pennsylvania, J^Tcio Jersey, &:c., and to the 
SLv JVafious and the Delawares, and other Indians residing upon 
the river Ohio, and appointed a Congress to be held with them 
in the autumn, (for the purpose of carrying the king's orders 
into execution,) at Fort Stanwix, in the province of New York. 

In December, 1768, Arthur Lee, Esq., late commissioner to the 
Court of France, from the United States of North America, 
presented a petition to the king of England in Council, praying, 
in the following words, onbehalf of himself and forty-nine other 



382 APPENDIX. 

gentlemen: "That your majesty would grant to his petitioners, 
to be fifty in number, by the name of the Mississippi Company, 
two miUions and five hundred thousand acres of land, in one or 
more surveys, to be located or laid off between the thirty-eighth 
and forty-second degrees of north latitude, the Allegany Mountain 
to the eastward, and thence westward to the dividing line, (the run- 
ning of which your majesty has been lately pleased to order,) 
and that your petitioners shall have liberty of holding these lands 
twelve years, or any greater number that your majesty shall 
approve (after survey of them be made and returned) clear of 
all imposition money, quit-rents or taxes; and that your petition- 
ers shall be obliged to seat the said lands within twelve years, 
with two hundred families at least, if not interrupted by the 
savages or some foreign enemy, and return ihe survey thereof /o 
such office as your majesty shall be pleased to direct, otherwise to 
forfeit the grant. 

"Your petitioners humbly hope, that your majesty may be 
graciously pleased to grant these fovorable terms, in considera- 
tion of the heavy charges, great expense, dangers, hardships, 
and risks they must necessarily incur in the exploring, surveying, 
and settling this distant country; and because it appears from 
reason and experience, that large tracts of land taken up by 
companies, may be retailed by them to individuals much cheaper 
than the latter can obtain them from the crown, embarrassed as such 
individuals must be with the charges arising from the solicitation 
of patents, making surveys, and other contingent expenses, 
together with the difficulty the poorer sort are under from their 
ignorance of the proper methods to be pursued, as well as their 
inability to advance ready money for such purposes; whereas 
from companies they have only to receive their conveyances 
without any previous expense, and are indulged with credit till 
their industry enables them to make payments; a method so 
encouraging, that it cannot fail of answering the intention of 
speedily populating this your majesty'' s territory, so as to be profit- 
able to the crown, and useful to the slate. And though attempts 
to settle in this way, have sometimes failed in the hands of 
gentlemen possessed of affluent fortunes, in consequence of an 
indolence and inattention frequently attending persons in such 
circumstances, especially when not excited by the prospect of 
immediate and considerable profit; yet the greater part of the 
present adventurers being of good families, and considerable 
influence in the countries where they live, though possessed of 
but moderate estates, are induced, from the goodness of the soil, 
and climate of the country beyond the mountains, to believe, that 
by a proper application of their money and industry, they shall 
acquire a sure and happy provision for their children; which 
pleasing prospect, animated with a view of public utility, will 
conduct all their aff"airs with that spirited assiduity, which, only 
in matters of danger and difficulty, can ensure success. In 
pursuance of this, several of the membei-s are determined to be 
themselves among the first settlers; the dearness and pre-occu^ 



APPENDIX. 383 

pancij of the lands, within their respective Colonies, rendering it 
impracticable to make a proper landed provi^^ion for theirnumer- 
ous families; a circumstance which begins already to restrain 
early marriages, and therefore speedy population. In considera- 
tion of the reasons here offered, your petitioners most humbly 
pray your majesty will be graciously pleased to grant their 
humble request, and as in duty bound your petitioners will ever 
pray. 

The Hon. Presley Thornton. Henry Fitzhugh. 

The Hon. Benedict Calvert. Sanmel Washington. 

Thomas Ludwell Lee. W. Fitzhugh, of Marmion. 

Thomas Gumming. AVilliain Brent. 

Francis Lightfoot Lee. W. Fitzhugh, of Somerset. 

Capt. William Fitzhugh. Richard Parker. 

Fran cis Thornton. William Booth. 

Stephen Sayre. Rev. Henry Addison, A. 

Richard Henry Lee. Robert Woodrop. 

Col. George Washington. John Baylor. 

Col. Adam Steven. Bernard Moore. 

Thomas Simpson. Ralph Wormely. 

William Flood. Warner Lewis, jun. 

AVilliam Borekenborough. Mann Page. 

Anthony Stuart. John Alexander. 

William Lee. Cuthbert Bullitt. 

Arthur Lee, M. D. F. R. S. Henry Royer. 

J. Augustine Washington. John Turberville. 

December, 1768. Arthur Lee, Agent. 

On the back of this petition is endorsed these words and figures: 

16th December, 1768. 

Read and referred to a Committee, 

9th March, 1769. 

Read at the Committee, and referred to the 

Board of Trade. 

We shall make but one short observation upon this petition. 

It speaks for itself, and shows, that the respectable petitioners 

(mostly Virginians) were not of the number of those gentlemen 

in Virginia, who now, without the least reason of justice, assert, 

that the ''distant country, ^^ over the Allegany Mountain, is within 

that government. 

On the 24th of October, 1768, the Congress at Fort Stanwix 
was opened. Present — 

The Honorable Sir Wm. Johnson, Baronet, his majesty's Su- 

perintent of Indian Affairs. 
His Excellency Wm. Franklin, Esq., Governor of New Jersey. 
Thomas Walker, Esq., Commissioner for the Colony of Virginia. 
Hon. Frederick Smith, Chief Justice of New Jersey. 
Richard Peters, and James Tilghman, Esqs., of the Council of 

Pennsylvania. 
George Croghan, and Daniel Glaus, Esqs., Deputy Agents of 
Indian Affairs. 



384 ' APPENDIX. 

Guy Johnson, Esq., Deputy Agent, and acting as Secretar>; 
with several gentlemen from the different Colonies. 
John Butler, Esq. ^ 

Mr. Andrew Montour, > Interpreters for the Crown. 
Philip Philips. ) 

Indian Chiefs present. 
^Mohawks. Tawashughts, &c 

Abraham. ,; Cajugas. 

Kanadagaya. Tagaaia. 

Kendrick. Shanarady. 

Aroghiaecka. Atrawawna, &c. 

Kayenqueregoa. ^, 

Tobarihoga. ^ Shawnese. 

Anohariol&c. Benevissica. 

^..Oneidas. ^ ^^enecas 

Ganaghquieson. Gaustrax. 

Nicholasera. Odengot, &c. 

Senughsis. ^,'J,, Tuscctroras. 

Gajuheta. Saquareesera. 

Tagawaron, &c. Kanigot. 

; Onandagoes. Tyagawehe, &c. 

The'^unt. Delawares. 

Tewaruir. Killbuck. 

Diaquanda. Turtleheart. 

The whole assembly being seated, Mr. Walker rose, and 
delivered to Sir Wm. Johnson his authority to sit and act as 
Commissioner for Virginia. 
*'John Blair, Esq., President of his majesty's Council, and Com- 
mander in Chief of the Colony and Domnion of Virginia, 
''To Thomas Walker, Esq. 

"By virtue of the power and authority to me committed, as 
President of his majesty's Council, and Commander in Chief in 
and ver this colony and dominion of Virginia, I do hereby 
appoint you, the said Thomas Walker, to be Commissioner of 
Virginia, to settle a boundary line between this colony and the 
colonies of Pennsylvania and Maryland, and the several nations 
of Indians concerned. You are required to attend at a Congress 
to be held for that purpose, under the direction of Sir William 
Johnson, agreeable to his majesty's instructions, when you are 
to pay a due regard to the interest of his majesty, and such 
instructions as you shall receive from me. 

"Given under my hand and seal of the colony 
at Williamsburg, this 17th of June, and 
in the eighth year of his majesty's reign, 
anno domini, 1768. 

JOHN BLAIR." 
Messrs. Peters and Tilghman were likewise admitted as Com- 
missioners for Pennsylvania. 



APPENDIX. 385 

Sir \Vm. Johnson then, by Abraham, a Chief of the Mohawks, 
addressed the Indians in the following manner: 

Brethren — I take you by the hand, and heartily bid you all 
welcome to this place, where I have kindled a council fire for 
afFaji*s of importance. The Governor of New Jersey, and the 
Commissioners of Virginia and Pennsylvania, do hkewise wel- 
come you here. Lieutenant Governor Penn came hither, and 
waited a considerable time, but was at length, by business, 
obliged to return home, leaving these gentlemen Commissioners 
on behalf of Pennsylvania. 

Brethren — Hearken to me, who have good words to speak to 
you, such as are for the benefit of your whole confederacy, and 
of your children yet unborn. 

You all remember that three years ago I signified to you his 
majesty's desire to establish a boundary line between his people 
and yours; and that we then agreed together, how some part of 
that line should run, whenever the same came to be settled. 

You aU, I am hopeful, recollect the reasons I then gave you 
for making such a boundary; nevertheless, I shall again repeat 
them. You know, brethren, that the encroachments upon your 
lands have been always one of your principal subjects of com- 
plaint; and that, so far as it could be done, endeavors have not 
been wanting for j'our obtaining redress. But it was a difficult 
task, and generally unsuccessful; for, although the provinces 
have bounds between each other, there are no certain hounds 
between them and you; and thereby, not only several of our 
people, ignorant in Indian affairs, have advanced too far into 
your country, but also many of your own people, through the 
want of such a line, have been deceived in the sales they have 
made, ,or in the limits they have set to our respective claims. 
This brethren is a sad case, which has frequently given us nmch 
trouble, and turned many of your heads; but it is likely to con- 
tinue so, until some bounds are agreed to, fixed upon, and made 
public between us. The great, 'the good king of England, my 
master, whose friendship and tender regard for your interests I 
wish you may ever hold in remembrance, has, amongst other 
instances of his goodness, after long deliberation on some means 
for your relief, and for preventing future disputes concerning 
lands, at length resolved upon fixing a general boundary line 
between his subjects and you, and that'in such a manner as 
shall be most agreeable to you: in consequence of which, I have 
received his royal commands to call you together for the 
establishment thereof; and after conferring with the governments 
interested hereupon, you now see before you the Governor of the 
Jerseys, the Commissioners on behalf of Aseregoa, Governor of 
Virginia, and Commissioners from Pennsylvania, in order to give 
you the strongest assurances on behalf of their re-pective govern- 
ments, of their resolutions to pay due regard to what shall be 
now entered into: the presence of so many great men will give a 
sanction to the transaction, and cause the same to be known as 
far as the English name extends. His majesty has directed me 



3Sb APPENDIX. 

to give you a handsome proof of his generosity, proportioned to 
the nature and extent of what lands shall fall to him. Upon the 
whole, I hope that your deliberations will be unanimous, and 
your resolutions such as his majesty may consider as proofs of 
your gratitude for all his favors. A fine new belt. 

Brethren — The importance of the affairs now before us, 
requires the most serious attention. I will not burthen you 
with any other subject until this is generally settled; and there- 
fore we shall adjourn, that you may have time to think of it, 
and come fully prepared to give an agreeable answer. 

Then Abraham, a Chief of the Mohawks, after repeating what 
Sir William Johnson had said, addressed him thus: 

Brother — We give you thanks for what you have said to us at 
this time. It is a weighty affair, and we shall, agreeably to your 
desire, take it into our most serious consideration. We are glad 
that so many great men are assembled to bear witness of the trans- 
action; and we are now resolved to retire and consult on a 
proper answer to be given to all you have said; and so soon as 
we have agreed upon it, we shall give you notice, that we may 
again assemble and make it known to you; and we are all much 
obliged to you, that you have directed us to attend to this great 
affair alone at this time, that our minds might not be burdened 
or diverted from it by attending to any thing else. 

Fort Stanwix, October 31, 1768. 

A deputation from the Six Nations waited upon Sir William 
Johnson, and informed him, that a Chief and Warrior of each 
nation would attend him and deliver their fnal resolves, which 
should be made public to-morrow. A map being laid before 
them, they observed that what they had to say, were the fnal 
resolves of all the nations, and added that they would, agreeably 
to their just right, begin the line at the Cherokee river, &c. 
(Vide the boundaries in their grant to the King, p. 390.) This, 
they said, they delivered as their final determinations, subject to 
several conditions for the security of their possessions, and 
engagements entered into. 

At a general Congress held at Fort Stanwix with the Six 
Nations and other Indians, on Tuesday, November the 1st, 1768. 
Present as at the former meeting. 

The Indians being all seated, they desired to know whether 
Sir William was prepared to hear them; and, on being answered 
in the affirmative, the speaker stood up, and spoke as follows; 

Brother — We are hopeful that you will not take it amiss that 
we have delayed till now our public answer on the subject you 
recommended to us. This was a great and weighty matter, 
requiring long deliberation, and should not be undertaken 
lightly. We have accordingly considered it, and are now come 
to give you our fnal resolutions thereon, to which we beg your 
attention. 

Brother — AVe remember that on our frst meeting with you, 
when you came wUh your ship, we kindly received you, enter- 



APPENDIX. 387 

tained you, and entered into an alliance with you, though we 
were then great and numerous, and your people inconsiderable 
and weak; and we know that we entered into a covenant chain 
of bark with you, and fastened your ship therewith; but, being 
apprehensive the bark would break, and your ship be lost, we 
made one of iron, and held it fast, that it should not slip from us; 
but, perceiving the former chain was liable to rust, we made a 
silver chain to guard against it. Then, brother, you arose, 
renewed that chain, which began to look dull, and have for 
many years taken care of our affairs by the command of the 
great King; and you, by your labors, have polished that chain, 
so that it has looked bright, and is become known to all nations; 
for all which we shall ever regard you; and we are thankful to 
you, in that you have taken such care of these great affairs, of 
which we are always mindful, and we do now, on our parts, 
renew and strengthen the covenant chain, by which we will 
abide so long as you shall preserve it strong and bright on your 
part. A belt. 

Then, after repeating all that had been said concerning- the 
line, the speaker proceeded: 

Brother — We have long considered this proposal for a boun- 
dary between tts, and we think it will be of good consequence 
if you, on your parts, pay a due regard to it; and we, in conse- 
quence thereof, have had sundry meetings amongst ourselves 
and with you; and from all that you have said to us thereon, 
we have at length come to a fnal resolution concerning it, and 
we hope that what is now agreed upon shall be inviolably 
observed on your parts, as we are determined it shall be on ours; 
and that no further attempts Vv^ill be made on our lands, but that 
this line be considered as final; and we do now agree to the line 
we have marked upon your map, now before you, on certain 
conditions, on which we have spoken, and shall say no more; 
and we desire that one article of this our agreement be, that none 
of the provinces or their people shall attempt to invade it, under 
COLOR OF ANY OLD DEEDS, or Other pretences whatsoever; for in 
many of these things we have been imposed on, and therefore 
we disclaim them all. Which bounds, now agreed to, we begin 
on the Ohio, at the mouth of the Cherokee river, which is our just 
right; and from thence we go up, on the south side of the Ohio, to 
Kitanning, above Fort Pitt; from thence a direct line to the nearest 
fork of the west branch of the Susquehannah; thence through the 
Allegany mountains, along the south side of the said west branchy 
till we come opjjosite to the mouth of the creek called Tiadaghton; 
thence across the tcest branch, and along the east side of that 
creek, and along the ridge of Burnet's hills, to a creek called 
Awandae; thence down the same to the east branch of Susque- 
hannah, and across the same, and up the east side of that river to 
Owegy; from thence eastward to JDelaware river, and up that 
river to opposite where Tianaderrah falls into Susquehannah; 
thence to Tianaderrah, and up the west side thereof and its west 
branch, to the head thereof; thence by a straight line to the mouth 



OOa APPENDIX. 

of Canada creek, where it empties itself into Wood creek, at the 

end of the long carrying place beyond Fort Stanwix. And this 
we declare to be our final resolves, and we expect that the con- 
ditions of this our grant will be observed. A belt. 

Brother — Now as we have made so large a cession to the King, 
of such a valuable and extensive country, we do expect it, as 
the terms of our agreement, that strict regard be paid to all our 
reasonable desires. We do now, in this case, on behalf and in 
the name of all our warriors of every nation, condition, that our 
warriors shall have the liberty of hunting throughout the coun- 
try; as they have no other means of subsistence, and as your 
people have not the same occasions or inclinations; that the 
white people be restricted from hunting on our side of the line, 
to prevent contention between us. A belt. 

Brother — By this belt we address ourselves to the great King 
of England, through you, our superintendent, in the name and 
in behalf of all the Six Nations, Shawnesse, Delawares, and all 
other our friends, allies, and dependents; we now tell the 
King, that we have given to him a great and valuable country; 
and we know, that v/hat we shall now get for it must be far 
shor-t of its value: we make it a condition of this our agreement 
concerning the line, that his majesty will not forget or neglect 
to show us his favor, or suffer the chain to contract rust; but 
that he will direct those who have the management of our affairs 
to be punctual in renewing our ancient agreements: That as 
I the Mohawks are now within the line which we give to the 
I King, and that these people are the true old heads of the whole 
1 confederacy, their several villages, and all the land they occupy, 
I unpatented about them, as also the residences of any other of 
j our confederacy affected by this cession, shall be considered as 
their sole property, and at their disposal, both now and so long 
as the sun shines; and that all grants or engagements they have 
now or lately entered into, shall be considered as independent 
of this boundary;* so that they, who have so little left, may not 
lose the benefit of the sale of it; but that the people, with whom 
they have agreed, may have the land. We likewise further 
condition, on behalf of all the Six Nations, and of all our allies, 
friends, and nephews, our dependents, that as we have expe- 
rienced how difficult it is to get justice, or to make our com- 
plaint known, and that it is not in the power of our superinten- 
dent to take care of our affairs in different places without the 
King's help, that his majesty will give him help and strength to 
do us justice, and to manage our affairs in a proper manner. 
We all know the want of this, and we make it a point of great 
consequence, on which this our present agreement is to depend, 
and without which affairs will go wrong, and our heads may be 
turned. 

Brother — We likewise desire, that as we have now given up 
a great deal of lands within the bounds that Mr. Penn claimed a 

* This related to lands on the Susquehannah, 4'c 



APPENDIX. 389 

right of buying, that he may, in consequence of the agreement* 
now entered into between us, enjoy what we have given within 
those hmits. And as we know, that Lydius of Albany did, in 
the name of several persons, lay claim to lands in Pennsylvania, 
which we know to be unjust; and that the deeds he pretends a 
right to, were invalid, we expect that no regard will be paid to 
them, or any such claims, now or hereafter; as we have fairly 
sold them to the proprietors of Pennsylvania, to whom alone we 
shall sell lands within that province; and we shall now give 
them a deed for that and other lands there. And in order to 
shew that we love justice, we expect the traders, who suffered 
by some of our dependents in the wars five years ago, may have 
a grant lor the lands we now give them down Ohio, as a satis- 
faction for their losses. And as our friend, Mr. Croghan, long 
ago got a deed for lands from us, which may now be taken into 
Mr. Penn's lands; should it so happen, we request that it may 
be considered, and that he may get as much from the King 
somewhere else, as he fairly bought it. And as we have given 
enough to shew our love for the King, and make his people 
easy, in the next place, we expect, that no old claims, which we 
disavow, or new encroachments, may be allowed of.f 

Brother — We have nov/ gone through this matter, and we 
have shewn ourselves ready to give the King whatever We 
could reasonably spare; we, on our parts, express our regard for 
him, and we hope for his favor in return. Our words are 
strong, and our resolutions firm; and we expect that our re- 
quests will be complied with, inasmuch as we have so gene- 
rously complied with all that has been desired, as far as was 
consistent with our interest. A belt. 

At a general congress held at Fort Stanwix, with the Six 
Nations, and other Indians, &c., on Friday, November 4, 1768, 
Sir William Johnson, addressing himself to them, spoke as 
follows: 

Brothers — I am glad the boundary is at length agreed upon; 
and as I have great reason to think it will be duly observed by 
the English, I recommend it to you to preserve it carefully in 
remembrance; to explain it fully to those that are absent; and to 
teach it to your children, &c. I now give you this belt, to 
strengthen, ratify, and confirm the boundary, and all transac- 
tions necessary thereto. ^ belt. 

Brothers — I consider your good intentions towards the traders 
who sustained the losses, and your desire to fulfill all your 
engagements, as instances of your integrity. I wish that you 
may, on your parts, carefully remember and faithfully observe 

* The proprietors of Peiinsylvrinia bought of tlie Six Nations a large tract of country at 
this consress, and on receivins their deed of conveyance for the same, the said proprie- 
tors paid the Six Nations 10,000 Spanish milled dollars; being the consideration money 
for the said tract. ' 

tTho Six Nations here farther make it a condition, that no old claims should he 

-alloweil. 'Pliis was expre'?!=ly made to remove all pretensions on the part of Virginia, 

to the lauds westward of the Alle?any mountains, undc^r the Lancaster deed- as they re- 

jjcatodly said that they had been cheated and deceived at the treaty held at Lancaster, 1644, 

2 K * 



390 APPENDIX. 

the engagements you have now, as well as formerly, entered 
into with the English, and that you may every day grow more 
sensible how much it is your interest to do so. 

Sir William Johnson, addressing himself to the Governor of 
J^ew Jersey, and the Commissioners, said: 

Gentlemen — Agreeable to his majesty's intentions, signified 
to me by the Secretary of State, and for the satisfaction of the 
several nations here assembled, I take the liberty to recommend 
it strongly to your several provinces, to enact the most effectual 
laws for the due observance of the line, and the preventing all 
future intrusions; as the expectation thereof, and the reliance 
the Indians have on your justice, from the assurance I have 
given them on that head, have proved great inducements to the 
settlement of the line now established between the colonies and 
them. 

To which the Governor and Commissioners answered: Nothing 
should be wanting on their parts to the obtaining such security 
for the boundary as was deemed necessary, on their return to 
their respective colonies. 

GRANT FROM THE SIX UNITED NATIONS TO THE KING OF 
ENGLAND. 

To all to whom these presents shall come, or may concern: — 
We, the sachems and chiefs of the Six Confederate Nations, 
and of the Shawnesse, Delawares, Mingoes of Ohio, and other 
dependent tribes, on behalf of ourselves, and of the rest of our 
several nations, the chiefs and warriors of whom are now here 
convened by Sir William Johnson, baronet, his majesty's super- 
intendent of our affairs, send greeting: 

Whereas his majesty was graciously pleased to propose to us^ 
in the year one thousand seven hundred and sixty-five, that a 
boundary line should be fixed between the English and us, to 
ascertain and establish our limits, and prevent those intrusions 
and encroachments, of which we had so long and loudly com- 
plained; and to put a stop to the many fraudulent advantages 
which had been so often taken of us; which boundary appear- 
ing to us as a wise and good measure, we did then agree to a part 
of a line, and promised to settle the whole finally, whensoever 
Sir William Johnson should be fully empowered to treat with us 
for that purpose: 

And whereas his said majesty has at length given Sir William 
Johnson orders to complete the said boundary line between the 
provinces and Indians; in conformity to which orders. Sir William 
Johnson has convened the cheifs and warriors of our respective 
nations, who are the true and absohite proprietors of the lands in 
question, and who are here r.ow to a very considerable number: 

And whereas many uneasinesses and doubts have arisen 
amongst us, which have given rise to an apprehension that the 
line may not be strictly observed on the part of the English, in 
which case matters may be worse than before; which apprehen- 



APPENDIX. 391 

sion, together with the dependent state of some of our tribes, 
and other circumstances; retarded the settlement, and became 
the subject of some debate; Sir William Johnson has at length so 
far satisfied us upon it,' as to induce us to come to an agreement 
concerning the line, which is now brought to a conclusion, the 
whole being fully explained to us in a large assembly of our 
people, before Sir William Johnson, and in the presence of his 
excellency the Governor of New Jersey, the Commissioners 
from the provinces of Virginia and Pennsylvania, and sundry 
other gentlemen; by which line so agreed upon, a considerable 
tract of country, along- several provinces^ is by its ceded to his 
said majesty, which we are induced to, and do hereby ratify and 
confirm to his said majesty, from the expectation and confidence 
we place in his royal goodness, that he will graciously comply 
with our humble requests, as the same are expressed in the 
speech of the several nations, addressed to his majesty, through 
Sir William Johnson, on Tuesday, the first day of the present 
month of November; wherein we have declared our expecta- 
tions of the continuance of his majesty's favor, and our desire 
that our ancient engagements be observed, and our affairs 
attended to by the officer who has the management thereof, 
enabling him to discharge all the matters properly for our inte- 
rest: That the lands occupied by the Mohocks, around their 
villages, as well as by any other nation affected by this our 
cession, may effectually remain to them, and to their posterity; 
and that any engagements regarding property, which they may 
now be under, may be prosecuted, and our present grants* 
deemed valid on our parts, with the several other humble 
requests contained in our said speech: 

And whereas, at the settling of the said line, it appeared that 
the hne described by his majesty's order, was not extended to 
the northward of Owegy, or to the southward of Great Kanhawa 
river; we have agreed to and continued the line to the north- 
ward, on a supposition that it was omitted, by reason of our not 
having come to any determination concerning its course, at the 
congress held in one thousand seven hundred and sixty-five: 
And inasmuch as the line to the northward became the most 
.necessary of any, for preventing encroachments on our very 
towns and residences; and we have given this line more favora- 
bly to Pennsylvania, for the reasons and considerations men- 
tioned in the treaty: "".ve have likewise continued it south to the 
Cherokee river, because the same is, and we do declare it to be 
our true bounds with the southern Indians, and that we have an 
undoubted right to the country as far south as that river, which 
makes our cession to his majesty much more advantageous than 
that proposed: 

Now, therefore, know ye, that we, the sachems and chiefs 
aforementioned, native Indians and proprietors of the lands 

*The grants which the Six Nations the7i made, and are here alluded to, were as 
follows: one to Mr. Trent; oic to George Croghan, Esq.; and one to Messrs. Penn, 
proprietors of the province of Pennsylvania. 



392 



APPENDIX. 



hereafter described, for and in behalf of ourselves and the whole 
of our confederacy, for the considerations herein before men- 
tioned, and also for and in consideration of a valuable presem 
of the several articles in use amongst Indians, which, together 
with a large sum of money, amount, in the whole, to the sum 
of ten thousand four hundred and sixty pounds seven shillings 
and three pence sterling, to us now delivered and paid by Sir 
William Johnson, baronet, his majesty's sole agent and super- 
intendant of Indian affairs for the northern department of 
America, in the name and behalf of our sovereign lord George 
the Third, by the grace of God, of Great Britain, France and Ire- 
land, King, Defender of the Faith; the receipt whereof we do 
hereby acknowledge; we, the said Indians, have, for us, our 
heirs and successors, granted, bargained, sold, released and con- 
firmed, and by these presents, do grant, bargain, sell, release 
and confirm, unto our said sovereign lord King George the 
Third, all that tract of land situate in North America, at the 
hack of the British settlements, hounded hy a line which we have 
now agreed upon, and do hereby establish as the boundary 
between ns and the British colonies in America; heginning at the 
mouth of the Cherokee or Hogohege river, where it empties into 
the river Ohio; and running from thence upwards along the south 
side of the said river to Kitanning, which is ahove Fort Pitt; from 
thence hy a direct line to the nearest fork of the west branch of 
Susquehannah; thence through the Allegany mountains, along the 
south side of the said \oest hranch, till it comes opposite to the 
mouth of a creek called Tiadaghton; thence across the west 
branch, and along the south side of that creek, and along the north 
side of BurneCs hills, to a creek called Awandae; thence down the 
same to the east hranch of Susquehannah, and across the same, and 
up the east side of that river to Owegy; from thence east to Dela- 
^ore river, and up that river to opposite to where Tianaderha 
falls into Susquehannah; thence to Tianaderha, and up the west 
side thereof, and the west side of its west branch to the head thereof; 
and thence by a direct line to Canada creek, where it empties into 
Wood creek, at the west end of the carrying place beyond Fort 
Stanwix, and extending eastward from every part of the said line, 
as far as the lands formerly purchased, so as to comprehend the 
whole of the lands between the said line and the purchased lands 
or settlements, except what is within the province of Pennsylvania; 
together with all the hereditaments and appurtenances to the 
same, belonging or appertaining, in the fullest and most ample 
manner; and all the estate, right, title, interest, property, pos- 
session, benefit, claim and demand, either in law or equity, of 
each and every of us, of, in, or to the same, or any part thereof; 
To have and to hold the whole lands and premises hereby 
granted, bargained, sold, released, and confirmed, as aforesaid, 
with the hereditaments and appurtenances thereunto belonging; 
under the reservations made in the treaty, unto our said sove- 
reign lord King George the Third, his heirs and successors, to 
and for his and their own proper use and behoof, for ever. 



APPENDIX. 393 

In witness whereof, we, the chiefs of tiie confederacy, have 
hereunto set our marks and seals, at Fort iStanwix, the lifth day 
of November, one thousand seven hundred and sixty-eight, in 
the ninth year of his majesty's reign. 

A r.T> A TT A T\/r ) The mark of his nation. 
ABRAHAM, or / ^^.^^. ^^ ^^^ Mohawks. 

Tyahanesera, ^ rj.^^ g^^^^l^ 

HENDRICK, or ) Chief of [l. s.] the Tuscaroras. 

Saquarisera, ) The Stone. 

CONAHQUIESO, | ^hief o^j[^-^«;]^th^ ^^^i^as. 

BUNT, or ) Chief of [l. s.] the Onondagas. 

Chenavghealay \ The Mountain. 

TACr A ATA I ^^^^^^ ^^' t^- ^-^ ^^^ Cayugas. 
lAl^AAlA, ^ ^ The Pipe. 

n ATTOTAT> A V ) Chief of [l. s.l the Senecas. 
GAUSTARAX, ^ ^^^^ high Hill. 

Signed, sealed and delivered in the presence of 
William Franklin, Governor of- New Jersey; 
Frederick Smyth, Chief Justice of New Jersey; 
Thomas Walker, Commissioner for Virginia; 

Richard Peters, ) ^^ ^j^^ Council of Pennsylvania. 
James Tilghman, ) •' 

At a congress held at Fort Stanwix, with the several nations 
of Indians, Saturday, November the 5th, 1768; present as at the 
last meeting: 

The deed to his majesty^ — one to the proprietors of Pennsylva- 
nia, — and the one to the traders, being then laid on the table, 
were executed in the presence of the Governor of New Jersey, the 
commissioners of Virginia and Pennsylvania, and the rest of the 
gentlemen present.* After which, the chiefs of each nation 
received the cash, which was piled on the table for that purpose; 
and then proceeded to divide the goods amongst their people, 
which occupied the remainder of the day. 

At a congress held at the German Flats, in the province of New 
York, with the Six United Nations of Indians, in July, 1770, 
by Sir William Johnson, baronet, his majesty's sole agent and 
superintendent of Indian affairs, &:c., &c.. Sir William Johnson 
spoke to them as follows: 

Brothers — The King, my master, hailing received all the 
papers and proceedings relative to the great treaty at Fort Stan- 
wix, together with the deed of cession which you then executed 
to him, has laid them before his council of great men; and, after 
considering the whole of them, has signified to me, (which I 
hope will be deemed a farther instance of his paternal goodnegs,) 

*The deed to the traders liad l)een executed fioo days before; but Sir William Johnson 
and the commissioners recommended tliat the chiefs of liic Six Nations, wiio had signed 
it, should carry it into congress, and publicly acknowledge tlie execution of it, at the same 
time they executed the srant to the King of England, and the proprietors of Pennsylva- 
nia; which was accordin2;ly done. 

N. B. The grant to Mr. Croghan was subscril)ed by Mr. Walker, commissioner for 
Virginia, and the same persons in authority, who were witnesses to the above deed to the 
King, and the one to the proprietors of Indiana. 



394 APPENDIX. 

that he did not require the land so far to the southward, as the 
Cherokee river, if it was of the least inconvenience to his chil- 
dren, whose interest he has so much at heart. He has, al 
length, in comphance with your own desires, as transmitted by 
me, and the public grant that you made, impowered me to ratify 
the same, by letters I have received from the lord (the Earl of 
Hillsborough) who is one of his majesty's secretaries, [holding 
his lordship^s letter in his hand,] which I now propose to do. 
You all know the deed of cession, of which this [showing a 
copy] is a true copy; you all know that it was executed in a 
pubhc meeting of the greatest number of Indians that has ever 
been assembled within the time of our remembrance, and that 
all who had any pretensions were duly summoned to it. 

To which the Six Nations answered: 

Brother Goragh Warraighiyagey — We are now met together in 
full council, to answer you concerning what you last spoke to us, 
about the King's having received our deed, and the proceedings at 
Fort Sta7iwix, with his ratification of the same, with which we are 
highly pleased. When we met you to so great a number, in so 
public a manner, at Fort Stanwix, we should hardly have acted 
ns we did, unless we had been possessed of a full right so to do. 
We now desire that you may assure the King, that it was our 
property we justly disposed of, and that we had full authority so 
to do. 



ORDER OF VIRGINIA COUNCIL. 

In Council, Williarnsbiirg, Augiist 23d, 1776. , 

Mr. George Rogers Clark having represented to this Board 

the defenceless state of the inhabitants of Kentucki; and having 

requested, on their behalf, that they should be supplied with five 

hundred weight of gun-powder; 

Ordered, therefore, that the said quantity of gun-powder be 
forthwith sent to Pittsburgh, and delivered to the commanding 
officer at that station, by him to be safely kept, and delivered to 
the said George Rogers Clark, or his order, for the use of the said 
inhabitants of Kentucki. JOHN PAGE, Pres't. 

Test, Arch'd. Blair, CI. Coun. 

INSTRUCTIONS TO GENERAL CJuARK. 

Lieutenant Colonel George Rogers Clark: 

You are to proceed, without loss of time, to inlist seven 
companies of men, officered in the usual manner, to act as mili- 
tia, under your orders. They are to proceed to Kentucky, and 
there to obey such orders and directions as you shall give them, 
for three months after their arrival at that place; but to receive 
pay, &c., in case they remain on duty a longer time. 

You are empowered to raise these men in any county in the 
Commonwealth; and the county lieutenants respectively are re- 
quested to give you all possible assistance in that business. 

Given under my hand at Williamsburg, January 2d, 1778. 

P. HENRY. 



APPENDIX. 895 

VIRGINIA: Set. In Council, Williamsburg, Jan. 2d, 1778. 
Lieutenant Colonel George Rogers Clark: 

You are to proceed, with all convenient speed, to raise 
seven companies of soldiers to consist of fifty men each, officered 
in the usual manner, and armed most properly for the enter- 
prize; and with this force attack the British post at Kaskasky. 

It is conjectured that there are many pieces of cannon and 
military stores, to considerable amount, at that place; the taking 
and preservation of which would be a valuable acquisition to the 
State. If you are so fortunate, therefore, as to succeed in your 
expedition, you will take every possible measure to secure the 
artillery and stores, and whatever may advantage the State. 

For the transportation of the troops, provisions, &c., down the 
Ohio, you are to apply to the commanding officer at Fort Pitt, for 
boats; and during the whole transaction you are to take espe- 
cial care to keep the true destination of your force secret: its 
success depends upon this. Orders are therefore given to Cap- 
tain Smith to secure the two men from Kaskasky. Similar con- 
duct will be proper in similar cases. 

It is earnestly desired that you shov/ humanity to such British 
subjects and other persons as fall in your hands. If the white 
inhabitants at that post and the neighborhood, will give undoubt- 
ed evidence of their attachment to this State, (fq^ it is certain 
they live within its limits,) by taking the test prescribed by law, 
and by every other way and means in their power, let them be 
treated as fellow-citizens, and their persons and property duly 
secured. Assistance and protection against all enemies what- 
ever, shall be afforded them; and the Commonwealth of Virginia 
is pledged to accomplish it. But if these people will not accede 
to these reasonable demands, they must feel the miseries of war, 
under the direction of that humanity that has hitherto distin- 
guished Americans, and which it is expected you will ever con- 
eider as the rule of your conduct, and from which you are in no 
instance to depart. 

The corps you are to command are to receive the pay and 
allowance of militia, and to act under the laws and regulations 
of this State, now in force, as militia. The inhabitants at this 
post will be informed by you, that in case they accede to the 
offers of becoming citizens of this Commonwealth, a proper gar- 
rison will be maintained among them, and every attention be- 
stowed to render their commerce beneficial; the fairest prospects 
being opened to the dominions of both France and Spain. 

It is in contemplation to establish a post near the mouth of 
Ohio. Cannon will be wanted to fortify it. Part of those at 
Kaskasky will be easily brought thither, or otherwise secured, as 
circumstances will make necessary. 

You are to apply to General Hand for powder and lead neces 
sary for this expedition. If he can't supply it, the person who 
has that which Captain Lynn brought from Orleans can. Lead 
was sent to Hampshire by my orders, and that may be dehvered 
you. Wishing you success, I am, sir. 

Your h'ble serv't. P. HENRY. 



396 APPENDIX. 

In the House of Delegates^ ) 
Monday, the 23d M)v. 1778. ] 
Whereas, authentic information has been received, that 
Lieutenant Colonel George Rogers Clark, with a body of Virginia 
militia, has reduced the British posts in the western part of this 
Commonwealth, on the river Mississippi, and its branches, where- 
by great advantage may accrue to the common cause of America, 
as well as to this Commonwealth in particular. 

Resolved, That the thanks of this House are justly due to the 
said Colonel Clark and the brave officers and men under his 
command, for their extraordinary resolution and perseverance, 
in so hazardous an enterprize, and for the important services 
thereby rendered their country. 

Test, E. RANDOLPH, C. H. D. 

Williamsburg', in Council, Sept 4th, 1779. 
Lieutenant Colonel George Rogers Clark: 
Sir: 

I have the honor to inform you, that by Captain Rogers I 
have sent the sword, which was purchased by the Governor, to 
be presented to you by order of the General Assembly, as a 
proof of their approbation of your great and good conduct, and 
gallant behaviur. I heartily wish a better could have been pro- 
cured, but it was thought the best that could be purchased, and was 
bought of a gentleman who had used it but a little, and judged it 
to be elegant and costly. I sincerely congratulate you on your 
successes, and wish you a continuation of them, and a happy 
return to your friends and country; and am, sir, with great 
regard, your most ob't serv't. JOHN PAGE, Lt. Gov. 

Governor Benjamin Harrison's Letter to General George 
R. Clark. 

In Council, July 2d, 1783. 
Sir: 

The conclusion of the war, and the distressed situation 
of the State, with respect to its finances, call on us to adopt the 
most prudent economy. It is for this reason alone I have come 
to a determination to give over all thoughts for the present of 
carrying on an offensive war against *the Indians, which you 
will easily perceive will render the services of a general officer 
in that quarter unnecessary, and will therefore consider yourself 
as out of command; but before I take leave of you, I feel 
myself called upon in the most forcible manner to return you 
my thanks, and those of my Council, for the very great and sin- 
gular services you have rendered your country, in wresting so 
great and valuable a territory out of the hands of the British 
enemy, repelling the attacks of their savage allies, and carry- 
ing on successful war in the heart of their country. This 
tribute of praise and thanks so justly due, I am happy to com- 
municate to you as the united voice of the Executive. I am, 
with respect, sir, yours &c. BENJAMIN HARRISON. 

THE END. 



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